×
You've used up your 3 free articles for this month. Subscribe today.
Failure to Timely Raise Exhaustion Defense Waives that Defense
Loaded on Feb. 15, 2003
published in Prison Legal News
February, 2003, page 23
Failure To Timely Raise Exhaustion Defense Waives That Defense
Filed under:
Administrative Exhaustion (PLRA),
Civil Procedure,
Defenses,
Class Certification.
Location:
Wisconsin.
In a successful class-action 42 USC § 1983 civil rights complaint brought by seriously mentally ill Wisconsin Supermax prisoners for injunctive relief [see 164 F.Supp.2d 1096], prison official defendants' motion to lately require all class members to have first exhausted their ...
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:
- Sex, Drugs, and Beatings at Boston Jails
- From the Editor, by Paul Wright
- Washington Jail Settles Work Release Suit, by Lonnie Burton
- Connecticut Pays $1,850,000 in Deaths of Two Prisoners Transferred to Virginia, by John E Dannenberg
- U.S. District Court Finds Supermax Placement at Ohio Prison "Atypical and Significant Hardship", by Robert Woodman
- Third Circuit Sets High Standard for Supervisory Liability
- Ninth Circuit Upholds Sanctions Against Idaho DOC Lawyer; DOC Retaliated for Litigation
- Protecting Your Health and Safety: A Litigation Guide for Inmates, by Paul Wright
- Washington Police Scientists' Work Under Scrutiny
- Washington Jail Sued Over Conditions, by Lonnie Burton
- System Examined in Death of Washington Prisoner, by Angela Galloway
- Summer Uprisings in Three Southern Jails
- $15,555 Awarded to Beaten Pennsylvania Prisoner
- Washington DOC Settles Hep C Death Suit for $1 Million
- Boston Jail Strip Searches Unconstitutional, by John E Dannenberg
- $10 Million Settlement in Boston Strip Search Suit
- All California Prisoners Win Upgraded Medical Care, by John E Dannenberg
- Ten Percent Surcharge on New Jersey Commissary Purchases Upheld
- California Internet Mail Ban Enjoined, by John E Dannenberg
- EMSA and Nevada Jail Pay $40,000 Settlement to Quadriplegic
- Texas' Historic Ruiz Lawsuit Settled, by Donna Brorby
- $56.5 Million Jury Verdict in Indiana Jail Murder
- Conclusory Allegations held Not "Some Evidence" in Prisoner Retaliation Claim
- Prison Officials Liable for Gang Member's Murder
- Hawaii SO Notification Law Violates Due Process
- Failure to Timely Raise Exhaustion Defense Waives that Defense
- $2.5 Million Settlement, No Immunity for Indiana Jail Strip Search
- Court Orders Hospitalization for Federal Pretrial Detainee
- No Probation in Arizona Jail Drug Possession
- Jury Awards $392,000 for Failure to Protect New York Jail Prisoner
- South Carolina County Pays $276,660 for Illegal Wiretaps on Judges' Telephones
- Prisoner's Estate Survives Summary Judgment on Medical Policy Claims
- Good Time on Alaska CS Sentences Subtracted from Aggregate Sentence
- Alabama Jail Conditions Unconstitutional, County Liable, by David Reutter
- Ohio Appeals Court Upholds § 1983 Medical Care Claim
- News in Brief
- $1 Million New York Jail Beating Settlement
More from these topics:
- SCOTUS Partially Overturns Pavey, Holds PLRA Exhaustion Dispute Must Go to Jury Even If Intertwined with Merits of Michigan Prisoner’s Claim, Aug. 1, 2025. Administrative Exhaustion (PLRA).
- California Prisoners Sue Gynecologist for Sexual Abuse, Aug. 1, 2025. Staff-Prisoner Assault, Class Certification.
- Ninth Circuit: Continuing-Violations Doctrine Applies for PLRA Administrative Exhaustion Purposes, Aug. 1, 2025. Failure to Protect (General), Administrative Exhaustion (PLRA), Grievances, Prison Litigation Reform Act (PLRA).
- Ninth Circuit Revives Prisoner’s Claim Based on Guard’s Thwarting of Administrative Remedies, Aug. 1, 2025. Retaliation for Filing Grievances, Administrative Exhaustion (PLRA), Grievances.
- Sixth Circuit: Michigan Tolling Statute Applies to PLRA Administrative Exhaustion Requirement, July 15, 2025. Retaliation for Litigating, Administrative Exhaustion (PLRA), Tolling of Statutes of Limitations and Laches.
- Eighth Circuit Excuses Missouri Prisoner’s Failure to Exhaust Remedies While He Was In a Coma, June 1, 2025. Systemic Medical Neglect, Administrative Exhaustion (PLRA).
- South Carolina Supreme Court Announces Traditional Four-Element Standard for When Person Has Right to Use Deadly Force in Self-Defense Not Applicable to Non-Deadly Force Self-Defense Analysis, May 15, 2025. Defenses, Jury Instructions.
- Minnesota Supreme Court Clarifies Standard for Determining Whether a Defendant Is Entitled to Jury Instructions on Self-defense and Defense of Others, May 15, 2025. Defenses, Jury Instructions, Jury Instructions in Jury Room.
- 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.