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Denial of Grievance Forms Is Denial of Remedy
Loaded on June 15, 2002
published in Prison Legal News
June, 2002, page 28
The Court of Appeals for the Eighth Circuit held that a prisoner's "Motion to Reinstate Cause" after dismissal of a 42 U.S.C. §1983 action alleged facts to raise an inference he had exhausted his "available" remedies. While an Arkansas Department of Corrections (ADC) prisoner, James Miller was stabbed by another …
Filed under:
Conditions of Confinement,
Failure to Protect (General),
Administrative Exhaustion (PLRA).
Location:
Arkansas.
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More from this issue:
- Collateral Damage: The Children of Prisoners, by Tom Lowenstein
- Oregon Bulk Mail Ban Struck Down Again
- From the Editor, by Paul Wright
- Prisoner Killed in California Prison, by Michael Rigby
- $525,000 Paid in California Prisoner Beating Death
- Habeas Hints: Post Conviction Relief, by Kent Russell
- Book Review: The Prisons by Maggie Jaffe, by Michael McIrvin
- Dominican Women Prisoners Strike for Conjugal Visits, by Julia Lutsky
- U.S. Supreme Court Holds Warrantless Probationary Searches Are Valid
- The Death Penalty in the U.S.A. -- Past, Present, and Future, by Roger Hummel
- $540,000 Settlement in Minnesota Jail Beating
- $540,000 Settlement in Minnesota Jail Beating, by Robert Woodman
- Ex-Ohio Sheriff's Deputy Wins $650,000 Verdict Against CMS for Prisoner Escape
- Two Federal Courts Grant Injunction for HCV Treatment
- U.S. Supreme Court: Administrative Exhaustion Required for All Prisoner Section 1983 Suits, by John E Dannenberg
- Summary Judgment Denied in Ohio Jail Booking Fee Challenge, by Robert Woodman
- U.S. Supreme Court: Qualified Immunity Determination Must Precede Trial on Merits, by John E Dannenberg
- $1,500 Awarded in New York Slapping Case
- Punch & Jurists: Criminal Law News You Can Use, by Paul Wright
- California Jury Awards $1 Million in Jail Rape
- Disciplinary Board Must Assess Confidential Informant's Reliability
- Third Circuit Vacates $300,000 Beating Award, Orders New Trial
- New Mexico Caps High Telephone Rates
- Three Arkansas Guards Sentenced in Beating
- Washington Infraction Invalid Where No Notice of Prohibited Conduct Given
- ADA/RA Suit for Sign Language Interpreters Proceeds for Prospective Injunctive Relief, by John E Dannenberg
- Forced AA/NA for Parolee Defeats Qualified Immunity
- Tenth Circuit Vacates Religious Diet Awards Under PLRA Physical Injury Rule
- TDCJ Not Immune from Suit in Medical Malpractice Death Case
- California Jail Settles Rape Case for $95,000
- Denial of Grievance Forms Is Denial of Remedy
- Jail Policy to Not Segregate Gangs Does Not Violate Constitution, by John E Dannenberg
- Texas Appeals Court Grants Prisoner Mandamus on Discovery
- Complaints Must Be Concise, To the Point
- News in Brief
- California Guards Bust Budget, by Willie Wisely
More from these topics:
- Fourth Circuit Revives North Carolina Prisoner’s Suit Blaming Lazy Guards for Assault by Detainee, May 1, 2026. Failure to Protect (General), Qualified Immunity, 42 U.S. Code § 1983, civil action for deprivation of rights, Cruel and Unusual Punishment, Deliberate Indifference.
- 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).
- $1.25 Million Paid for Special Needs Teen’s Fatal Beating in Houston Jail, May 1, 2026. Prisoner-Prisoner Assault, Failure to Protect (General), Failure to Protect (Wrongful Death), Failure to Treat (Mental Illness), Cruel and Unusual Punishment.
- Seventh Circuit Upholds Liability but Reverses Damages in Lawsuit Over Illinois Warden and Investigator Using Prisoner as Bait to Catch Staff Member Raping Her, May 1, 2026. Staff-Prisoner Assault, Failure to Protect (General), Damages, Evidentiary Ruling, Cruel and Unusual Punishment.
- Texas Moves to Restrict Cashless Bond and Reverse Federal Court-Ordered Misdemeanor Bail Reform, May 1, 2026. Conditions of Confinement, Money/Property, Bail/Pretrial Release, Civil Rights Actions or Offenses/Bivens Actions, Plea Agreements/Guilty Pleas.
- “Large Fight” Broke Out at Alaska Prison After Downsizing Effort, April 1, 2026. Transfers, Cost of Prison Systems, Totality of Conditions, Failure to Protect (General), Overcrowding.
- Five Prisoners in Georgia Injured in Fight, Two Months After Three Prisoners Were Killed, April 1, 2026. Prison/Jail Murders, Totality of Conditions, Failure to Protect (General), Staffing.
- Ohio Supreme Court Awards Prisoner $1,000 for Denied Records Request, April 1, 2026. Administrative Exhaustion (PLRA), Damages, Public Records, Public Records Act.
- Eighth Circuit Revives Case Against Guards Who Failed to Intervene As Chaplain Sexually Assaulted Arkansas Prisoner, March 1, 2026. Staff-Prisoner Assault, Failure to Protect (General), Prison Rape Elimination Act, Qualified Immunity, Failure to Train/Supervise.
- Georgia Grand Jury Scolds Augusta Jail for Overcrowding Days Before Violent Detainee Assault, March 1, 2026. Private Contractors, Failure to Protect (General), Overcrowding, Staffing, Failure to Treat (Mental Illness).