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State Tolling Statute Applied in § 1983 Action
Loaded on April 15, 2003
by John E Dannenberg
published in Prison Legal News
April, 2003, page 26
by John E. Dannenberg
Filed under:
Administrative Exhaustion (PLRA),
Excessive Force,
Guard Brutality/Beatings,
Limitations.
Location:
Illinois.
The Seventh Circuit U.S. Court of Appeals held that an underlying state tolling statute applied to a state prisoner's 42 USC § 1983 civil rights complaint, thus giving him time to complete his administrative grievance process as required by the Prison Litigation Reform Act (PLRA).
Shaun …
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More from this issue:
- Statutes Affecting Disabled Prisoners, by Daniel E. Manville
- Florida Jury Awards $390,000 Over Defective Prison-Produced Chair
- Florida PLN Writer Settles Retaliation Suit for $3,000, by David Reutter
- Prison Labor Losing Popularity in Oregon, by Gary Hunter
- From the Editor, by Paul Wright
- Pro Se Tips and Tactics, by John Midgley
- PLN Settles Oregon Censorship Suit for $55,414.31
- Interest on Washington Restitution Cannot Be Suspended
- Texas Grants Prisoners Right to Forensic DNA Testing
- Sole Washington Woman Civil Commitment Taxes System, by Lonnie Burton
- Wyoming Jail Must Disclose Suicide Prevention Critique
- Rehabilitation Act, Title II of ADA, Held Unconstitutional
- Delay in MAP Implementation Violates Washington Law
- PI Issued in Arizona Internet Communications Ban, by John E Dannenberg
- California Approves Forced DNA Extractions
- Forced DNA Sampling of California Prisoners Upheld
- Murder, Mayhem, Corruption and Snitches: BOP Florence Exposed, by Bob Williams
- Arizona Guards Continue to Rape Prisoners, by Michael Rigby
- New Jersey Jail Guards Awarded $1.2 Million Following Retaliation for Protesting Jail Conditions
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- $400,000 Jury Award in Illinois Ruptured Appendix Suit
- PLRA Requires More Than De Minimus Physical Injury
- Property Use Versus Non-Use Texas Tort Claim Standard Explained in Medical Death Claim
- Idaho Free Speech Claim Reinstated, Voluntary Dismissal Clarified
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- Warden, Security Director Liable for Iowa Guard's Sexual Assault of Prisoner, $45K Verdict Upheld
- Vermont DOC Must Comply with APA for Rule Changes in Furlough Program
- Book Review: Law and the Rise of Capitalism, by Peter Wagner
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- Failure to Allege Imminent Threat Precludes Justification Defenses in BOP Weapons Prosecution
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More from John E Dannenberg:
- California’s “Realignment” Law Sends 38,000 State Prisoners to County Control, Aug. 11, 2016
- Pennsylvania Prisoner Gets $12,500 in Retaliation Suit After Remittitur, Jan. 15, 2010
- Nebraska Muslim Prisoner Wins Religious Concessions, April 15, 2009
- Illegal Strip Searches During Minor Charges Net Sacramento Jail Detainees $1,000 Each, May 15, 2007
- California: Knowing Waiver of Conduct Credits at Plea Agreement Controls Upon Later Probation Violations, May 15, 2007
- Arizona Internet Ban Permanently Enjoined, May 15, 2007
- California: "Mailbox Rule" Extended to Civil Complaints Against Public Entity, May 15, 2007
- California Attorney Richard Dangler Sanctioned for "Shameful, Frivolous" Prisoner Appeals; Resigns, May 15, 2007
- PLN Wins FOIA Suit to Gain Copies of BOP Verdicts and Settlements without Charge, Sept. 15, 2006
- Supreme Court: Banning Publications to Punish Recalcitrant Prisoners Trumps Their First Amendment Rights, Sept. 15, 2006
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- Second Circuit Rules Eighth Amendment Governs Claims of Excessive Force Brought by Parole Violator, Oct. 1, 2026. Eighth Amendment, Excessive Force, Qualified Immunity, 42 U.S. Code § 1983, civil action for deprivation of rights, Probation, Parole & Supervised Release.
- Wave of Staff Arrests Exposes Persistent Misconduct at South Carolina Jail, Sept. 1, 2026. Staff-Prisoner Assault, Guard Misconduct, Jail Misconduct, Guard Brutality/Beatings, Obstruction of Justice.
- Eight Circuit Reverses Denial of Partial Qualified Immunity in Detainee’s Pepper Ball Claim, Remands Excessive Force Claims, Sept. 1, 2026. Guard Brutality/Beatings, Stun Guns/Tasers, Pepper Spray/Tear Gas, Qualified Immunity, Wrongful Use of Force.
- Four Massachusetts Guards Face Charges for Assault on Prisoners During Brawl, Sept. 1, 2026. Guard Misconduct, Guard Brutality/Beatings.
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- $500,000 for Mentally Ill Detainee Beaten by Guard at Ohio Jail, Sept. 1, 2026. Guard Brutality/Beatings, Summary Judgment, Settlements, 42 U.S. Code § 1983, civil action for deprivation of rights, Monell Liability.
- Troubled Illinois Lockup Sees Guard Abuses, Prisoners on Hunger Strike, Sept. 1, 2026. Hunger Strikes, Guard Brutality/Beatings, Pepper Spray/Tear Gas, Restraints, Administrative Detention/Segregation.
- 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.

