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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:
- Texas Officials Testify That Cost to Air Condition Prisons Tops $1.5 Billion, May 1, 2026. Eighth Amendment, Exposure to Heat, Administrative Exhaustion (PLRA), Deliberate Indifference, Prison Litigation Reform Act (PLRA).
- Ohio Supreme Court Awards Prisoner $1,000 for Denied Records Request, April 1, 2026. Administrative Exhaustion (PLRA), Damages, Public Records, Public Records Act.
- Prisoners in Oklahoma Can Now Buy Vapes, Pouches from Commissary, April 1, 2026. Medical, Statistics/Trends, Commissary, Prison Regulations.
- Eleventh Circuit: District Court Erred in Dismissing BOP Prisoner’s Medical Claim, Finds Prison Officials Made Administrative Remedies Unavailable, March 1, 2026. Systemic Medical Neglect, OB/GYN, Failure to Treat, Administrative Exhaustion (PLRA), Deliberate Indifference.
- Minnesota Study Shows Disproportionate Rate of Health and Mental Problems for Recently Incarcerated, March 1, 2026. Racial Discrimination, Medical, Statistics/Trends, Mental Health, Health care.
- Louisiana Prisoner Sustains Claim Against Prison Doctor for Allowing Assignment to “Field Duty” Despite Known Ankle Injury, March 1, 2026. Inability to Work, Skeletal Injury, Summary Judgment, Qualified Immunity, Deliberate Indifference.
- U.S. District Court in Arizona Grants Summary Judgment in Favor of Prisoner Denial of Forms for Challenging 455 Days of Solitary, Jan. 1, 2026. Totality of Conditions, Administrative Exhaustion (PLRA), Control Units/SHU/Solitary Confinement, Chemical Spraying of Mentally Ill Inmates, Deliberate Indifference.
- Second Circuit Vacates Finding that Prisoner Failed to Exhaust Administrative Remedies; Remands Conditions of Confinement and Due Process Claims, Dec. 1, 2025. Totality of Conditions, Failure to Protect (General), Administrative Exhaustion (PLRA), Municipal Liability, Ad-Seg Hearings.
- Eighth Circuit: Former Prisoner’s Amended Complaint Filed After Release Not Subject to PLRA Exhaustion Requirement, Dec. 1, 2025. Failure to Treat, Administrative Exhaustion (PLRA), Complaints, Cruel and Unusual Punishment, Deliberate Indifference.
- Wisconsin Prisoner Wins in Seventh Circuit Review of Exhaustive Remedies Case, Dec. 1, 2025. Failure to Treat, Failure to Protect (General), Administrative Exhaustion (PLRA), Grievances, Jury Trial.