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Administrative Exhaustion Required But Unprejudiced; Dismissal and Equitable Tolling
The 5th Circuit court of appeals, in accord with a recent U.S. Supreme Court decision, held that administrative exhaustion is required in all prisoner cases, regardless of the relief sought. It held that cases pending at the time of this decision should be dismissed without prejudice and with the statute ...
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More from this issue:
- Prisoners, Politics, Money and the Census, by Gary Hunter
- Supreme Court Holds No Immunity for Alabama Hitching Post, by David Reutter
- Attorney Ghost Writing Must Be Disclosed
- The Parents' Project Advocacy for Incarcerated Fathers: What's Missing?, by Denise Johnston
- From the Editor, by Paul Wright
- Michigan Visiting Ruling Upheld
- A Sentence of Their Own, by Hans Sherrer
- New York's Revised "Son of Sam" Law Leads to $100 Million Verdict Against Cop Killer, by Lonnie Burton
- Illinois Jail Guards Acquitted in Killings; California Jail Guard Acquitted in Beating
- $275,000 Awarded in Stun Belt Settlement
- No Fundamental Right to Fee Waiver for Civil Rights Action
- Bureau of Justice Statistics Analyzes Parole Trends
- Virginia Sheriff Investigated for Misuse of Prisoner Funds, by Lonnie Burton
- Pennsylvania Jail Settles Retaliation Suit for $10,000
- Escapes Plague Texas Jails, by Gary Hunter
- PLRA Attorney Fee Cap and Local Cost Recovery Rules Upheld in New York Hepatitis C Case, by John E Dannenberg
- Texas Extends 6th Amendment Right to Prisoners: Confidential Attorney Calls Allowed
- Ingram v. Scott Reversed: TDCJ-ID in Compliance with Section 501.008
- Settlement Agreement Reached in Wisconsin Supermax Suit, by John E Dannenberg
- $32,500 Florida Jail Accident Settlement
- PLRA Attorney Fee Cap Applies to Fees on Fees, by John E Dannenberg
- $1 Damages and $1.50 Attorney Fees in Guard Brutality Suit, by John E Dannenberg
- New York Prisoner's Denial of Exercise Claim Set for Trial
- Washington Pretrial Detainees Have Right to Access Courts
- District Court Sets Prisoner's "Deliberate Indifference" Hepatitis C Claims for Trial
- Prison Disciplinary Boards Not "Courts" for Habeas Corpus Purposes
- Prison Guards Can Be Liable for Prisoner Suicide
- Administrative Exhaustion Required But Unprejudiced; Dismissal and Equitable Tolling, by Gary Hunter
- Defendants' Convenience Justifies Transfer of Venue
- Plaintiff's Disability Impacts Venue
- Advocacy Groups Challenge Arizona Internet Communications Ban
- Judge Approves $9.6 Million Settlement in DC Jail Employees' Sexual Harassment Suit, by Lonnie Burton
- News in Brief
- Mexico Bars Extradition of Criminals Facing Life Sentences
More from Gary Hunter:
- Affluenza Epidemic Rampant in Our Nation’s Criminal Justice System, June 9, 2017
- Denver Sheriff’s Deputy Accused of Ignoring and Instigating Prisoner Attacks, April 5, 2017
- California Health Care Facility Found Deficient and Unconstitutional, March 29, 2017
- Seventh Circuit: Jailhouse Lawyer’s Help No Reason to Deny Appointment of Counsel, Oct. 3, 2016
- Illinois: Exonerated Prisoner Calls $80,000 Award a Travesty, Retrial Ordered, Oct. 3, 2016
- Destined to Fail: the Negative Effect of Collateral Consequence Laws, Aug. 10, 2016
- Federal Guard Has Sex with Coworkers and Impregnated by Prisoner, Aug. 10, 2016
- Negligence not Grounds for Prosecution in Deaths of Wisconsin Prisoners, Aug. 5, 2016
- New York Based Ex-Offender Assistance Program Sues Landlord for Discrimination, Aug. 4, 2016
- Human Rights Report Reveals Inequities in U.S. Sentencing Practices, Aug. 3, 2016
More from these topics:
- 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.
- D.C. Circuit Reverses Dismissal of Federal Prisoner’s Complaint Due to PLRA Three-Strikes Rule, April 1, 2025. Medication, Administrative Exhaustion (PLRA), Pending Appeals.
- Trends Show Mortality Risks Increase with Higher Jail Turnover Rates, Dec. 15, 2024. Medical, Wrongful Death, Mental Health.
- Sixth Circuit Sets Up Circuit Split with Ruling on Michigan Prisoner’s PLRA Exhaustion Dispute, Oct. 15, 2024. Administrative Exhaustion (PLRA), Prison Litigation Reform Act (PLRA).
- Washington Court of Appeals: PLRA Dismissal of Prisoner’s Federal Suit Is Not Res Judicata Barring State Tort Claims, Sept. 15, 2024. Administrative Exhaustion (PLRA), Res Judicata, Federal Tort Claims Act (FTCA).
- Fifth Circuit: Texas Prisoner’s Declaration Alone Sufficient to Send PLRA Exhaustion Dispute to Trial, July 1, 2024. Administrative Exhaustion (PLRA), Summary Judgment, Summary Judgment/Judgment N.O.V., Prison Litigation Reform Act (PLRA).
- Washington Superior Court Says Jail Cannot Bill Poor Detainees for Medical Care, May 1, 2024. Medical, Seizure of Prisoner Funds, Booking Fees.