×
You've used up your 3 free articles for this month. Subscribe today.
Equitable Tolling May Apply to Administrative Exhaustion
Loaded on March 15, 2002
published in Prison Legal News
March, 2002, page 19
The Arizona Court of Appeals reversed a trial court's grant of summary judgment against a prisoner for failure to file a tort claim notice with the Attorney General's office within 180 days of his injury as required by ARS § 12821.01(A).
Filed under:
Civil Procedure,
Administrative Exhaustion,
Limitations,
Premises Liability.
Location:
Arizona.
On July 7, 1997, Arizona prisoner John Kosman was …
Full article and associated cases available to subscribers.
As a digital subscriber to Prison Legal News, you can access full text and downloads for this and other premium content.
Already a subscriber? Login
More from this issue:
- Idaho's Prison Labor Scandal, by Silja JA Talvi
- Stun Gun, Four-Point Restraint Use Curtailed in Virginia Prisons
- From the Editor, by Paul Wright
- Washington DOC Settles Wrongful Death Suit for $245,000
- BOP Settles Prisoner Beating/Restraint Lawsuit for $99,000
- Puerto Rico Prison Officials Fined $10 Million
- Res Judicata Dismissal of Texas Prisoner's Suit Reversed
- Third Circuit Holds PLRA Bars Claims for Compensatory Damages
- Hitching Post Unconstitutional, by David Reutter
- Claims Dismissed in First Challenge to BOP Communications Ban
- Prison Coffee and Games: Starbucks and Nintendo Admit Their Contractor Uses Prison Labor, by Erica C Barnett
- No Qualified Immunity for Prison Officials Who Upheld Grievance
- Recent Significant Decisions, by Reaves, Jr, Walter M
- Qualified Immunity Upheld for Probation Officer in HIV Privacy Action
- State Prisons Abrogate Attorney-Client Mail Privilege
- Equitable Tolling May Apply to Administrative Exhaustion
- Pennsylvania's Released Felons Granted Right to Register to Vote
- The Cost of Medical Neglect in Washington Prisons, by Sam Rutherford
- $225,000 Paid in Mentally Ill Prisoner's Death
- $630,000 Plus Paid in Ulcer Related Death
- $180,000 for Loss of Vision in Left Eye
- $25,000 Paid for Misdiagnosed Blood Clot
- $62,000 in Slip and Fall/Medical Neglect/Retaliation Case
- $100,000 for Brain Damaged Prisoner
- $40,000 for Achilles Tendon Injury
- $6,000 for Amputated Ring Finger
- $5,000 Paid for Failure to Treat Iritis
- $8,500 for Surgical Mishap
- $13,500 for Ruptured Appendix
- $15,000 in Allergy/Retaliation Suit
- $250 for Providing Wrong Medication
- $5,000 for Severed Tendon
- $1,500 Paid for Failure to Provide Pain Medication
- $1,500 for Refusal to Treat HIV Positive Cancer Patient
- $1,500 for Failure to Assist Disabled Prisoner
- $1,000 for Unnecessary Appendectomy
- $250 for Lack of Aftercare Following Stroke
- $200 for Providing Wrong Medication
- Inadequate Dental Care Results in Settlement
- Washington DOC Virtually Uninsurable
- New Retaliation Standard Defined
- Pro Se Appellants Must Cite Authority
- NCIA Report Finds Prison Race Statistics Distorted
- New York Court Limits "Son of Sam" Law
- New York Expands "Son of Sam" Law Giving Crime Victims More "Clout", by Lonnie Burton
- PLN Awarded $58,059 in Attorneys' Fees in Oregon Bulk Mail Suit; PLRA Doesn't Apply, Injunction Entered
- New York Failure to Protect Claim Set for Trial: Bilingual Counsel Appointed
- Sixth Circuit Finds Ohio Response to Jewish Prisoner's Hair 'Exaggerated'
- Ohio Appeals Court Allows Prisoner's Request for Past Work Information on Guards
- Arizona Prisoner Adequately Pleaded Section 1983 Claim
- News in Brief
More from these topics:
- 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.
- Kentucky Supreme Court Clarifies Parole Board May Delegate Final Revocation Hearings to Administrative Law Judges but Holds Due Process Requires Parolees Be Permitted to File Exceptions to ALJ Findings Before Board Renders a Final Revocation Decision, April 1, 2026. Administrative Exhaustion, Fourteenth Amendment, rights, Revocation/Modification of Probation, etc., Revocation Proceedings, Authority and Jurisdiction.
- Montana Supreme Court: Due Process Prohibits Courts From Relying on Unproven Charging Allegations When Imposing Sex Offender Registration Duty, Announces First-Impression Rule Limiting Review to Elements of Conviction, March 1, 2026. Sex Offender Registration, Administrative Exhaustion, Fourteenth Amendment, rights, Qualifying Offenses, Acquitted Conduct/Uncharged Crimes/Dismissed Counts.
- Eleventh Circuit Upholds Dismissal of Six Female Alabama Jail Detainees’ Sexual Assault Suit, Jan. 1, 2026. Jail Misconduct, Summary Judgment, Limitations, Municipal Liability, Criminal Sexual Abuse.
- Ninth Circuit Grants Equitable Tolling Under AEDPA Where Attorney Abandoned Prisoner by Failing to Communicate for Nine Months and Prison Officials Delayed Processing Filing Documents, Dec. 15, 2025. Attorney Misconduct, Legal Materials, Law Library Access/Adequacy, Limitations, AEDPA.
- First Circuit: District Court Abused Discretion by Sua Sponte Raising Statute of Limitations Defense to Habeas Petition After Respondents Had Intelligently “Waived” It by Being Aware of Availability but Failing to Assert It, Nov. 15, 2025. Defenses, Limitations, Habeas Corpus, Double jeopardy, Knowingly and Intelligently.
- Eighth Circuit Announces § 2255 One-Year Limitations Period Begins to Run in Deferred-Restitution Criminal Case When Subsequent Amended Judgment Finalizes Amount, Nov. 15, 2025. Limitations, Habeas Corpus, Restitution, AEDPA.
- Appeals Court Rules Michigan’s Tolling Provision Is Not Inconsistent with the PLRA, Nov. 1, 2025. Administrative Exhaustion (PLRA), Limitations, 42 U.S. Code § 1983, civil action for deprivation of rights, Tolling of Statutes of Limitations and Laches.
- Ninth Circuit Reaffirms Longstanding Precedent That District Court Cannot Sua Sponte Dismiss Untimely Habeas Corpus Petition Without Giving Petitioner Prior Notice and Opportunity to Respond, Oct. 15, 2025. Limitations, Habeas Corpus, Summary Disposition, Tolling of Statutes of Limitations and Laches, Denial of Due Process.
- Fifth Circuit: Sentence Enhancement for Maintaining Drug Premises Not Satisfied Solely by Defendant’s Single, Conclusory Statement That He ‘Maintained’ Premises When Record Shows Mere ‘Use’ of Premises, April 15, 2025. Premises Liability, Witnesses - Prior Statements/Testimony, Felony Drug Offense, Confessions and Statements of Defendant.

