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Exceptions Made To PLRA Exhaustion Requirement; Discovery Allowed
Loaded on May 15, 2003
by John E Dannenberg
published in Prison Legal News
May, 2003, page 31
by John E. Dannenberg
Filed under:
Medical,
Injury -- Misc.,
Vision,
Administrative Exhaustion (PLRA),
Guard Brutality/Beatings,
Discovery.
Locations:
California,
New York.
Two U.S. District Courts recently made exceptions to the Prison Litigation Reform Act's (PLRA) requirement to exhaust administrative remedies. The Central District of California court ruled that when a prisoner's administrative appeal had been "granted" at an intermediate level, his remedies were deemed exhausted because he …
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More from this issue:
- Federal Legal Standards for Prison Medical Care, by Daniel E. Manville
- When Prison Officials Don't Respond Administrative Remedies Are Exhausted
- Texas Parole Officer Hires Parolee for Murder, by Gary Hunter
- From the Editor, by Paul Wright
- CCA Pays $54 Million to IRS and Settles Gender Discrimination Complaint
- The Parents' Project: Parent-Child Prison Visitation Issues Raised by Bazzetta, et. al. v. McGinnis, et. al., by Denise Johnston
- Erroneously Released Texas Prisoner Has Right to Street Calendar Time
- No Escape: Male Rape in U.S. Prisons: A Human Rights Watch Report by Joanne Mariner, by Alex Coolman
- Writing to Win, by John E Dannenberg
- Eighth Circuit Reverses Dismissal of Prisoner's Hepatitis C Treatment Claim
- Texas Prison Guard Charged with Raping Male Prisoner; Prisoner Files §1983 Complaint
- Ohio Supreme Court Orders Changes in Parole Board Procedures, by Robert Woodman
- California Pays $1.1 Million in Prison Sexual Harassment Suits
- No Qualified Immunity Defense for Florida Beatings, by David Reutter
- Washington Prisoner L & I Statutes Struck Down
- Twenty Years for Flinging Feces on Texas Guards
- Injury Report Satisfies Texas Tort Claims Actual Notice Requirement
- BOP Communion Wine Ban Challenged, by David Reutter
- Psychologist Not Qualifiedly Immune in Prisoner Suicide Suit, by John E Dannenberg
- Texas Guard's Conviction Reversed
- BJS Summarizes State Sex Offender Registries
- No Right to Artificial Insemination, by John E Dannenberg
- Texas Pro Se Litigant Entitled to Notice of Hearing
- ADA Liability Extends to New Jersey County Jail and Vicinage
- Dismissal for Failure to Allege Physical Injury Improper
- Head of Counsel for Texas Prisoners Fired
- Third Circuit Upholds $100,000 Damages Award to Assaulted Pennsylvania Prisoner
- Prisons Experience Outbreaks of Infectious Disease, by Michael Rigby
- Ninth Circuit Reexamines Standards for Qualified Immunity at Summary Judgment Stage in California Shooting Case, by John E Dannenberg
- San Mateo County Sues California Jail Phone Service Providers
- Kosher Diets for Prisoners Upheld in Tenth Circuit, by Bob Williams
- Exceptions Made To PLRA Exhaustion Requirement; Discovery Allowed, by John E Dannenberg
- Wisconsin Lacks Authority Over Funds of Out-of-State Prisoners
- Disciplinary Boards are not "State Courts" Under AEDPA
- Prison Population Continues to Grow
- News in Brief
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
More from these topics:
- Atlanta Jail Boasts Improvements Since Consent Decree, Reports from Monitor and ACLU Are More Critical, May 1, 2026. Staffing, Sanitation, Guard Brutality/Beatings, Consent Decrees, Bail/Pretrial Release.
- Texas Officials Testify That Cost to Air Condition Prisons Tops $1.5 Billion, May 1, 2026. Eighth Amendment, Exposure to Heat, Administrative Exhaustion (PLRA), Deliberate Indifference, Prison Litigation Reform Act (PLRA).
- Six Maryland Guards Convicted in Prisoner’s Beating, Cover-up; § 1983 Suit Filed, May 1, 2026. Guard Brutality/Beatings, 42 U.S. Code § 1983, civil action for deprivation of rights, Obstruction of Justice, Wrongful Use of Force, Evidence - Destruction/Fabrication/Manipulation of.
- Judge Denies New York Prison Chief’s Motion to be Dismissed from Case Related to Robert Brooks’ Murder, May 1, 2026. Work Strikes, Guard Brutality/Beatings, Failure to Train/Supervise, Police--Excessive Force, Deliberate Indifference.
- Ohio Supreme Court Awards Prisoner $1,000 for Denied Records Request, April 1, 2026. Administrative Exhaustion (PLRA), Damages, Public Records, Public Records Act.
- Prisoners in Oklahoma Can Now Buy Vapes, Pouches from Commissary, April 1, 2026. Medical, Statistics/Trends, Commissary, Prison Regulations.
- Missouri Judge Heavily Sanctions DOC for “Deliberate Disregard for the Authority of This Court” in Suit Over Prisoner’s Suicide, March 1, 2026. Discovery, Failure to Protect (Wrongful Death), Failure to Treat (Mental Illness), Suicides, Confinement in Segregated Housing.
- Eleventh Circuit: District Court Erred in Dismissing BOP Prisoner’s Medical Claim, Finds Prison Officials Made Administrative Remedies Unavailable, March 1, 2026. Systemic Medical Neglect, OB/GYN, Failure to Treat, Administrative Exhaustion (PLRA), Deliberate Indifference.
- Sixth Circuit Revives Michigan Prisoner’s Challenge to Guard Tackle That Broke His Foot, March 1, 2026. Evidentiary Ruling (Disciplinary Hearings), Guard Brutality/Beatings, Summary Judgment, Qualified Immunity, Wrongful Use of Force.
- Minnesota Study Shows Disproportionate Rate of Health and Mental Problems for Recently Incarcerated, March 1, 2026. Racial Discrimination, Medical, Statistics/Trends, Mental Health, Health care.

