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BOP Disciplinary Habeas Requires Exhaustion
Loaded on April 15, 2002
published in Prison Legal News
April, 2002, page 28
The Second Circuit Court of Appeals has ruled that a federal prisoner who files a habeas corpus petition under 28 U.S.C. § 2241 must first exhaust all available administrative remedies, and further held that a prisoner procedurally defaulting on those remedies may be excused from default only by first showing …
Filed under:
Disciplinary Hearings,
Disciplinary Litigation,
Disciplinary Appeals,
Appointment of Counsel,
Administrative Exhaustion,
Habeas Corpus.
Location:
New York.
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More from this issue:
- "Barbaric Conditions" At Wisconsin Supermax Result in Preliminary Injunction To Transfer Mentally Ill Prisoners, by John E Dannenberg
- D.C. Wrongly Jails Mentally Ill Man for Two Years
- Mistakenly Released Prisoners Have No Due Process Rights
- From the Editor, by Paul Wright
- Wisconsin Medical Care Substandard, Even for Prisoners, by Gary Hunter
- Texas Prison Warden Pleads Guilty; Prison Workers Arrested in Major Drug Bust
- MCI WorldCom Investigated in Georgia for Phone Overcharges; State Senator Involved, by Lonnie Burton
- Prison Guards Face Resentencing Dilemma in Beating Death of New York Jail Prisoner
- 23 Escape from Wackenhut Prison in Caribbean, by Gary Hunter
- Wackenhut Searches for New Business
- Angola Prisoner Wins $1.5 Million Verdict Against Five Guards for Assault, by Lonnie Burton
- Pennsylvania Ban on Sex Between Staff and Prisoners Struck Down
- South Carolina Guards Plead Guilty in Sex Cases
- Illinois Court Reduces Prisoner's Eye Injury Award to $850,000
- $237,500 New York Administrative Segregation Verdict Upheld
- $500,000 Settlement in Oregon Jail Self-Mutilation Case
- U.S. Supreme Court Holds Private Prison Corporations Immune from Bivens Suit, by John E Dannenberg
- Intangible Religious Freedom Claims Not Barred by PLRA, by John E Dannenberg
- Florida's Prisoner Indigency Statute Unconstitutional
- D.C. Closes Lorton Prison
- Massachusetts DNA Law Invalidated
- HIV Still a Major Health Threat in Prisons and Jails
- Failure to Protect States Claim in High Profile Case
- Death Toll Hits 87 as Turkish Prison Protest Strike Continues, by Julia Lutsky
- Consecutive Ad Seg Placements From Same Cause Are Aggregated for "Atypical Hardship" Analysis, by John E Dannenberg
- En Banc Third Circuit Defines Religious Standard
- $147,000 Paid for 3-1/2 Hour Overdetention and Strip Search of Mistaken Arrestee, by John E Dannenberg
- $250,000 Award for Paraplegic Dallas County Jail Prisoner
- Defendants Denied Summary Judgment in Wrongful Incarceration Suit
- Pennsylvania Youths Have No Right to Education
- BOP Disciplinary Habeas Requires Exhaustion
- No Immunity for Photo Limit
- Detainee's Strip Search Unconstitutional, But Qualified Immunity Granted
- Pubic Hair Search by Medical Personnel Constitutional
- News in Brief
- PLRA Protects Lawless Guards Accused in Prisoner Beating
More from these topics:
- Eleventh Circuit Affirms Refusal to Expand Bivens to Claim Alleging Federal Prisoner Died from Denial of Treatment for Hepatitis C, Oct. 1, 2026. Medical, Eighth Amendment, Administrative Exhaustion, Civil Rights Actions or Offenses/Bivens Actions, Deliberate Indifference.
- New Connecticut Law Changes PREA Standards, Sept. 1, 2026. Staff-Prisoner Assault, Failure to Protect (General), Administrative Exhaustion, Prison Rape Elimination Act, State Legislation.
- Federal Habeas Quick Reference Guide for State Prisoners, Sept. 1, 2026. Retroactivity, Habeas Corpus, AEDPA, Actual Innocence/Claim of Innocence, Cause and Prejudice.
- Sixth Circuit Holds Kentucky Deficient-Counsel Belated-Appeal Procedure Tolls Federal Habeas One-Year Limitations Period, Sept. 1, 2026. Limitations, Habeas Corpus, AEDPA, Failure to Preserve Challenge, Tolling of Statutes of Limitations and Laches.
- Formally Available, Rarely Granted: A State Prisoner’s Guide to Federal Habeas Relief, Sept. 1, 2026. Administrative Exhaustion, Habeas Corpus, Bureau of Prisons Orders, Administrative Law/Remedies, Evidence - Integrity/Reliability of, Tolling of Statutes of Limitations and Laches, Federal Rules of Evidence, Statute of Limitations.
- Eleventh Circuit Holds § 2255 Motion Not “Second or Successive” After Intervening Amended Judgment Corrected Unlawful Sentences, Even as to Claims Concerning an Undisturbed Count, Aug. 1, 2026. Habeas Corpus, AEDPA, Effect of Vacatur.
- California Appeals Court Holds Defendant Cannot Be Penalized for Failing to Appear at Sentencing When He Was Being Held in Another County’s Jail on Preexisting Charges, July 1, 2026. Disciplinary Hearings, Due Process, Procedural Default/Error, Evidence - Admissibility, Plea Agreements/Guilty Pleas.
- Retroactive Guideline Amendments: The Narrow Path to a Federal Sentence Reduction, July 1, 2026. Appointment of Counsel, Career Offenders, Mandatory Minimum Sentence, 18 U.S.C. § 3582(c)(2), Guideline Amendment/Variances and Retroactivity.
- Eighth Circuit Dismisses Federal Prisoner’s Challenge to BOP Denying His Request for Expedited Transfer to Prerelease Custody, June 1, 2026. Release and Reentry, Habeas Corpus, First Step Act, Community Confinement/Home Detention, Credits.
- Sixth Circuit Announces State-Law Exceptions to Appeal Deadlines Preserve “Pending” Status Under AEDPA, Holding Belated-Appeal Procedures Toll Federal Habeas Limitations Period, April 1, 2026. Limitations, Habeas Corpus, AEDPA, Appealable Issues/Orders, Failure to Address/Advise Defendant.