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Administrative Exhaustion Not Jurisdictional
Loaded on Oct. 15, 2001
by John E Dannenberg
published in Prison Legal News
October, 2001, page 26
The Eighth Circuit Court of Appeals held that under the Prison Litigation Reform Act of 1996 (PLRA), a federal court is not deprived of jurisdiction to hear a prisoner's civil rights complaint under 42 U.S.C. § 1983 if he has not first exhausted administrative remedies. In so doing, the Eighth ...
Filed under:
Medical,
Skeletal Injury,
Administrative Exhaustion (PLRA),
Magistrates.
Location:
Arkansas.
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More from this issue:
- America's Jails: The Dungeons of the New Millenium, by Sam Rutherford
- From the Editor, by Paul Wright
- The Connally Seven - A Texas Prison Escape and its Aftermath, by Roger Hummel
- Not Part of my Sentence: The Rape of Washington Prisoners, by Silja JA Talvi
- The Cost of Running Washington's Rape Camps, by Paul Wright
- Male Prisoner Settles Guard Rape Suit for $6,000
- Qualified Immunity Denied in Washington Rape of Transsexual Prisoner
- Jury Awards $5,000 to Beaten Texas Prisoner
- BOP Lieutenant Pleads Guilty to Brutality Charges, by Robert Durkee
- Malicious Use of Force Violates Eighth Amendment, by John E Dannenberg
- Damages in Denial of Exercise Suit Reversed
- Use of Restraint Chair Not Cruel and Unusual Punishment
- Chinese Company Convicted of Using Forced Prison Labor
- The Prison Payoff: The Role of Politics & Private Prisons in the Incarceration Boom
- PLN Wins Nevada Censorship Suit
- California State Prisoner's Handbook, by John E Dannenberg
- Sanction Excessive When It Excludes Medical Expert's Testimony
- Administrative Exhaustion Not Jurisdictional, by John E Dannenberg
- Federal Appellate Rule 4(a)(6) Trumps Civil Rule 60(b)
- Diabetic Prisoner's Deliberate Indifference Claim to Proceed to Trial
- Denial of Interest Does Not Violate Takings Clause
- Ohio ACLU Challenges Supermax
- The Prison Activist Resource Center: It's About Sharing Resources and Working Collectively, by Marti Hiken
- Sixth Circuit Upholds PLRA Attorneys' Fees Cap
- News in Brief
More from John E Dannenberg:
- California’s “Realignment” Law Sends 38,000 State Prisoners to County Control, Aug. 11, 2016
- Pennsylvania Prisoner Gets $12,500 in Retaliation Suit After Remittitur, Jan. 15, 2010
- Nebraska Muslim Prisoner Wins Religious Concessions, April 15, 2009
- Illegal Strip Searches During Minor Charges Net Sacramento Jail Detainees $1,000 Each, May 15, 2007
- California: Knowing Waiver of Conduct Credits at Plea Agreement Controls Upon Later Probation Violations, May 15, 2007
- Arizona Internet Ban Permanently Enjoined, May 15, 2007
- California: "Mailbox Rule" Extended to Civil Complaints Against Public Entity, May 15, 2007
- California Attorney Richard Dangler Sanctioned for "Shameful, Frivolous" Prisoner Appeals; Resigns, May 15, 2007
- PLN Wins FOIA Suit to Gain Copies of BOP Verdicts and Settlements without Charge, Sept. 15, 2006
- Supreme Court: Banning Publications to Punish Recalcitrant Prisoners Trumps Their First Amendment Rights, Sept. 15, 2006
More from these topics:
- SCOTUS Partially Overturns Pavey, Holds PLRA Exhaustion Dispute Must Go to Jury Even If Intertwined with Merits of Michigan Prisoner’s Claim, Aug. 1, 2025. Administrative Exhaustion (PLRA).
- Ninth Circuit: Continuing-Violations Doctrine Applies for PLRA Administrative Exhaustion Purposes, Aug. 1, 2025. Failure to Protect (General), Administrative Exhaustion (PLRA), Grievances, Prison Litigation Reform Act (PLRA).
- Ninth Circuit Revives Prisoner’s Claim Based on Guard’s Thwarting of Administrative Remedies, Aug. 1, 2025. Retaliation for Filing Grievances, Administrative Exhaustion (PLRA), Grievances.
- Over One-Third of Older Texas Prisoners Suffering Cognitive Impairment, July 15, 2025. Geriatric Classification, Medical, Failure to Treat, Elderly Defendants.
- Sixth Circuit: Michigan Tolling Statute Applies to PLRA Administrative Exhaustion Requirement, July 15, 2025. Retaliation for Litigating, Administrative Exhaustion (PLRA), Tolling of Statutes of Limitations and Laches.
- Eighth Circuit Excuses Missouri Prisoner’s Failure to Exhaust Remedies While He Was In a Coma, June 1, 2025. Systemic Medical Neglect, Administrative Exhaustion (PLRA).
- Study Finds Just 1% of Prisoner’s Eighth Amendment Claims Succeed, May 1, 2025. Retaliation for Filing Grievances, Systemic Medical Neglect, Eighth Amendment, Administrative Exhaustion (PLRA), Cruel and Unusual Punishment.
- Ninth Circuit Grants Stay and Abeyance of Federal Habeas Petition to Allow Petitioner to Exhaust State Remedies, April 15, 2025. Administrative Exhaustion (PLRA), Habeas Corpus, AEDPA, Amendments to Petition.
- Tenth Circuit Stretches PLRA to Deny Claim of Colorado Prisoner Shot by Guard While Shackled, April 1, 2025. Administrative Exhaustion (PLRA), Shootings.
- Fourth Circuit Excuses Maryland Prisoner From Exhaustion Requirement in PREA Claim, April 1, 2025. Administrative Exhaustion (PLRA), Prison Rape Elimination Act.