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First Circuit Applies Mailbox Rule to § 1983 Complaints
Loaded on Jan. 15, 2004
published in Prison Legal News
January, 2004, page 24
by Matthew T. Clarke
Filed under:
Injury -- Misc.,
Administrative Exhaustion (PLRA),
Guard Brutality/Beatings,
Civil Procedure,
Defenses,
Parties,
Appeals,
Limitations,
Filing Fees.
Location:
Massachusetts.
The First Circuit has held that the
PLRA's exhaustion of remedies requirement is an affirmative defense, not jurisdictional, and failure to include proof of exhaustion of state remedies will not support sua sponte dismissal. The court also applied the mailbox rule to §1983 complaints and stated …
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More from this issue:
- Prison Labor Fuels American War Machine, by Ian Urbina
- Verdict, Damages in Ohio Prisoner Disciplinary Case Reversed on Appeal
- From the Editor, by Paul Wright
- James Quigley November 9, 1950-October 7, 2003, by Paul Wright
- CCA Packs Positions With High-Profile Politicians, by Michael Rigby
- Two of Three Hawaii, Parole Board Members Resign, Shutting Board Down
- Invisible Punishment: The Collateral Consequences of Mass Imprisonment, by Silja JA Talvi
- $250,000 Settlement Paid to Seattle Jail Guard Assaulted by Released Prisoner
- Death at North Carolina Lock Up Spotlights Troubled Jail System, by Michael Rigby
- Santa Fe Guards Rape Prisoners, Neglect Kills Another, by Gary Hunter
- Massachusetts Jail Guards Assault Mentally Disabled Prisoner, by Michael Rigby
- New Iowa Law Creates Sex Offender Residency Zones
- No Presumption of Collateral Consequences from California Disciplinary Proceeding, by John E Dannenberg
- Seventh Circuit Remands § 1983 Medical Negligence Suit to State Court
- Private Transport Company Settles Female Prisoner's Sexual Assault Suit
- Kickbacks Dominate Fresno Jail Contracts, by Gary Hunter
- Frivolous Litigator Must Prepay Appellate Filing Fees
- California Habeas Handbook, 4th Edition, by John E Dannenberg
- $25,000 Awarded to Former New York Prisoner in Medical Malpractice Suit, by Lonnie Burton
- Pool Cue Not a Weapon, Says Second Circuit
- Retributive Denial Of Hepatitis-C Treatment States Eighth Amendment Claim, by John E Dannenberg
- Sentences Upheld for TransCor Driver Who Raped and Terrorized Prisoners
- New Hampshire Prison Commissary Surcharge Ruled an Illegal Tax, by John E Dannenberg
- Maryland Detainee Chained to Pole Awarded Damages, but No Fees
- Ohio Warrantless Arrestees Must Be Arraigned Within 48 Hours of Arrest
- First Circuit Applies Mailbox Rule to § 1983 Complaints
- Massachusetts Constitution Entitles Prisoners to Wear Kufi Caps
- Diet of Raw Cabbage and Food Loaf States Eighth Amendment Claim
- Bond Fees State Eighth Amendment Claim
- Successive Petition Habeas Rule in Parole and Disciplinary Cases
- Use of Pepper Spray States Eighth Amendment Claim
- Oregon Prisoner Stated Negligence Claim Concerning Lost Property
- Texas Prisoners May Challenge Loss of Good Time Class Via Habeas Corpus
- Immunity Granted to Wisconsin Sex Offenders in Treatment
- Alabama Highway Labor Kills Three Prisoners, Three More Injured
- County Liable for Sheriff's Failure to Remove Invalid Warrant From Computer
- Supreme Court Upholds Federal Tolling Statute; $80,000 Verdict Reinstated
- Wisconsin Prisoners' Riot Charges Expunged From Records
- $124,000 Awarded in New York Prison Bus Crash
- U.S. Parole Law Amendment Ruled Ex Post Facto as Applied, by John E Dannenberg
- Qualified Immunity Standards Tightened in Prison Murder Suit, by John E Dannenberg
- No Constitutional Right to Privacy for Naked Woman Arrestee
- Administrative Exhaustion Required in Pre-PLRA BOP Phone Suit
- News in Brief
- Evidentiary Hearing Required to Determine Communion Service Frequency
More from these topics:
- 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.
- Differing Judicial Outcomes for the New York Guards Who Killed Robert Brooks, Feb. 1, 2026. Guard Misconduct, Guard Brutality/Beatings, Failure to Protect (Wrongful Death), Excessive Force (Wrongful Death), Pending Appeal/Sentencing.
- The New York Prison System’s Culture of Cruelty and Impunity, Feb. 1, 2026. Guard Misconduct, Racial Discrimination, Guard Brutality/Beatings, Restraints, Excessive Force (Wrongful Death).
- $404,000 Verdict for Ohio Prisoner Brutalized by Trio of Guards, Kept in Solitary for Two Years, Jan. 1, 2026. Retaliation for Filing Grievances, Retaliatory Segregation, Guard Brutality/Beatings, Pepper Spray/Tear Gas, Control Units/SHU/Solitary Confinement.
- Eleventh Circuit Upholds Dismissal of Six Female Alabama Jail Detainees’ Sexual Assault Suit, Jan. 1, 2026. Jail Misconduct, Summary Judgment, Limitations, Municipal Liability, Criminal Sexual Abuse.
- Sixth Circuit Affirms Denial of Qualified Immunity for Michigan Jailer Accused of Retaliatory Assault, Jan. 1, 2026. Retaliation, Guard Brutality/Beatings, Qualified Immunity, 42 U.S. Code § 1983, civil action for deprivation of rights, Deliberate Indifference.
- Alabama Supreme Court Denies DOC’s Improper Venue Objection, Jan. 1, 2026. Defenses, Good Time, Habeas Corpus, Failure to Object, Authority and Jurisdiction.
- U.S. District Court in Arizona Grants Summary Judgment in Favor of Prisoner Denial of Forms for Challenging 455 Days of Solitary, Jan. 1, 2026. Totality of Conditions, Administrative Exhaustion (PLRA), Control Units/SHU/Solitary Confinement, Chemical Spraying of Mentally Ill Inmates, Deliberate Indifference.
- Ninth Circuit Grants Equitable Tolling Under AEDPA Where Attorney Abandoned Prisoner by Failing to Communicate for Nine Months and Prison Officials Delayed Processing Filing Documents, Dec. 15, 2025. Attorney Misconduct, Legal Materials, Law Library Access/Adequacy, Limitations, AEDPA.

