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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:
- BOP Prisoner’s Claim Over Denied Medical Care Ruled Impermissible Bivens Extension, Oct. 1, 2026. OB/GYN, Failure to Treat, Administrative Exhaustion (PLRA), Grievances, Adequacy of Remedy.
- 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.
- 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.
- ICE Stops Reporting Deaths of Recently Released Detainees, July 1, 2026. Misconduct/Corruption, Medical, Conditions of Confinement, Immigration Law/Offenses, Civil Rights Actions or Offenses/Bivens Actions.
- Fifth Circuit Kills Louisiana Prison Medical and Mental Health Care Reform, July 1, 2026. Medical, Conditions of Confinement, PLRA, Immunity/Liability, Mental Health.
- Louisiana’s Atavistic Approach to Criminal Sentencing and Parole Demonstrates Politicians’ Failure to Learn from Past Mistakes, July 1, 2026. Medical, Conditions of Confinement, Sentencing, Parole, Prisoners' Rights.
- BOP Ordered to Restart Gender Affirming Care for Trans Prisoners, July 1, 2026. Medical, Conditions of Confinement, Administrative Exhaustion (PLRA), Transgender.
- $3.25 Million Verdict in New York Against Jail Medical Profiteer Armor Health, July 1, 2026. Private Prisons, Misconduct/Corruption, Medical, Conditions of Confinement, Civil Rights Actions or Offenses/Bivens Actions.
- Federal Conviction, Guilty Pleas for Jail Guards Responsible for Oklahoma Detainee’s Death, July 1, 2026. Misconduct/Corruption, Medical, Conditions of Confinement, Excessive Force, Civil Rights Actions or Offenses/Bivens Actions.
- Seventh Circuit Reinstates Illinois Prisoner’s Lawsuit Against Prison Dental Staff, June 1, 2026. Dental Care, Administrative Exhaustion (PLRA), Summary Judgment, Class Certification, Deliberate Indifference.