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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 ...
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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:
- 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.
- 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.
- Seventh Circuit Reverses Denial of Class Certification in Suit Over Inadequate Dental Care at Chicago Jail, March 1, 2025. Dental Care, Failure to Treat, Class Certification.
- Eighth Circuit: Evidentiary Admissibility Is a “Red Herring” At Class Certification of St. Louis Jail Conditions Challenge, Jan. 15, 2025. Classification, Conditions of Confinement, Class Certification, Class Actions, Evidence - Admissibility.
- 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).