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Tenth Circuit Holds Prisoner Has Burden Under PLRA To Plead Administrative Exhaustion

Loaded on Aug. 15, 2004 by John E Dannenberg published in Prison Legal News August, 2004, page 33
Filed under: Administrative Exhaustion (PLRA), Civil Procedure, Defenses, Complaints, Prisoner Property. Location: Colorado.
Tenth Circuit Holds Prisoner Has Burden Under PLRA
To Plead Administrative Exhaustion

by John E. Dannenberg


Parting company with six other circuits on the same question, the Tenth Circuit U.S. Court of Appeals held that the Prison Litigation Reform Act's (PLRA) administrative exhaustion requirement is not an affirmative defense, but …

 

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  1. The Complicity of Judges in Wrongful Convictions, by Hans Sherrer
  2. Washington Persistent Prison Misbehavior Statute Upheld
  3. Exporting the American Way of Crime
  4. Federal DNA Statute Not Challengeable in Criminal Appeal
  5. From the Editor, by Paul Wright
  6. Texas Boot Camp Denied Immunity for Ignoring Serious Medical Needs
  7. Habeas Hints, by Kent A. Russell
  8. Montana BMPs Are Cruel and Unusual Punishment, by Mark Wilson
  9. Former Texas Prison Guard Awarded $275,000 in Race Discrimination Suit
  10. Illinois Appeals Court Overturns Warden's Reckless Homicide Convictions
  11. Local Officials Tell Prisoners: "You don't live here", by Peter Wagner
  12. CCA Medical Contract Doesn't Violate 8th Amendment
  13. No Qualified Immunity for Florida Jail Guards in Prisoner Murder
  14. New Jersey Civil Commitment Hearings Secret, Biased, by Michael Rigby
  15. Rape of Women Prisoners Rampant in Ohio, by Michael Rigby
  16. Facts Contained in Administrative Remedies Not Automatically Deemed Facts Alleged in Complaints
  17. Executions Rose in 2002; Texas Led in Number of Deaths
  18. California Prison Guards Organize to Sue Assaultive Prisoners
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  20. Florida's Felon Disenfranchisement Law Under Spotlight, by David Reutter
  21. California Guard's Obscene Behavior Towards Prisoner Is Actionable, by Marvin Mentor
  22. California No-Parole-Policy Suits For Damages And Injunctive Relief Fail, by John E Dannenberg
  23. Denial of Dentures States Eighth Amendment Claim
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  25. Permanent Injunction Against California Book Ordering Restrictions Affirmed, by John E Dannenberg
  26. Georgia Sheriff as "Arm of the State" Entitled to Eleventh Amendment Immunity, by Bob Williams
  27. Washington Court Establishes Procedures for Community Placement Violation Hearings
  28. Tenth Circuit Holds Prisoner Has Burden Under PLRA To Plead Administrative Exhaustion, by John E Dannenberg
  29. Hearsay Testimony of Prison Officials Found Inadmissible in Criminal Prosecution and Probation Revocation
  30. Mailbox Rule Applied To Administrative Forfeiture Proceeding, by Bob Williams
  31. California Credit Restoration Denial Ruled Ex Post Facto, by John E Dannenberg
  32. Mentally Ill Texas Prisoner Not Entitled to Hepatitis Treatment
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  36. PLRA Indigency Provision Inapplicable When Filing Fee Paid
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  38. Washington Agencies Must Explain Reasons for Denying Public Disclosure Requests
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  41. Virginia SCC Without Jurisdiction to Hear Prisoner Phone Rate Challenge

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