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Denial of Grievance Forms Excuses Failure to Exhaust
Loaded on May 15, 2004
published in Prison Legal News
May, 2004, page 9
Denial of Grievance Forms Excuses
Filed under:
Retaliation for Filing Grievances,
Retaliatory Discipline,
Sewage,
Vermin,
Administrative Exhaustion (PLRA),
Physical Injury Rule,
Damages,
Complaints,
Mental Health.
Location:
Pennsylvania.
Failure to Exhaust
The U.S. Third Circuit Court of Appeals reversed a Pennsylvania federal district court's dismissal of a state prisoner's civil rights suit for failure to state a claim.
Pennsylvania prisoner Mark Mitchell was incarcerated at the State Correctional Institution at Graterford (SCI-Graterford) when …
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More from this issue:
- Prisons Nationwide Fail to Treat HCV Epidemic, by John E Dannenberg
- BOP Doctor Indicted, Pleads Guilty to Sexual Assault, by Bob Williams
- From the Editor, by Paul Wright
- $50,000 HCV Settlement and New Treatment Protocol Approved in Colorado, by Bob Williams
- Colorado Slammed by West Nile Virus But Ignores Prisoners, by Bob Williams
- Denial of Grievance Forms Excuses Failure to Exhaust
- Florida Work Release Prisoners Ripped Off by Private Transport Company, by David Reutter
- Excessive Heat Still Plagues Baltimore Women Detainees, by Bob Williams
- Another Troubled North Carolina Jail, by Michael Rigby
- Third-Party Beneficiaries Can Enforce Terms of Settlement, by Bob Williams
- Virginia Legislature Awards Wrongfully Convicted Man $1.5 Million
- $13,500 Damages Paid to Two Illegally Detained Washington DOC Prisoners
- Mandamus Available to Review Oregon Disciplinary Orders
- PLRA Physical Injury Rule Applied to Non-Prison Case
- Missed HIV Medication Did Not Create a Serious Medical Need
- Washington Medical Claim Reinstated
- California Rules Violation for "Repeated Pattern" Must Involve Same Offense
- Private Settlement Agreement Prohibits Award of Attorney Fees and Costs, by David Reutter
- County Public Defender Liable for Wrongful Conviction
- Physical Injury Rule Doesn't Bar Strip Search Suit
- Local Rule Cannot Justify Summary Judgment When Factual Dispute Exists, by David Reutter
- Beating Judgment for Jail Affirmed on Appeal; Costs Issue Remanded
- PHS Liable for Denying Insulin to Diabetic New Jersey Jail Prisoner
- New Jersey Prisoners May Confront Accusers in Disciplinary Hearings, by Michael Rigby
- New Jersey Supreme Court Upholds $1.6 Million Harassment Verdict
- Two Level Review Required for Publication Rejection, but Qualified Immunity Granted
- BOP Rule Denying Early Release Eligibility Violates APA
- Certification for Interlocutory Appeal Order Discussed in California Prison Labor Suit
- Discipline Without Notice Violates Due Process; BOP Administrative Exhaustion May Be Excused
- No Ex Post Facto Violation in Forcing Washington Prisoner to Take Stress and Anger Classes
- New Trial Ordered in Washington Strip Cell Conditions Suit
- Pretrial Detainee Has Limited Right to Litigate Civil Matters
- Applicability of FTCA to BOP Causes Circuit Split, by David Reutter
- $15 Million Award for Wrongful Conviction Upheld
- Absence of AEDPA in Texas Law Library May Toll Limitations
- NYPD Commissioner Charged With Stealing $112,733.98 from Jail Prisoner Fund
- Dismissal Sanction for Prisoner's Refusal to Be Deposed Without Court Order Reversed
- Kansas Grievance Procedures Inapplicable in Negligence Action
- Illinois County Necessary Party in Suit Against Elected Official
- Confinement for Willful Failure to Pay LFOs Upheld
- No Crueler Tyrannies: Accusation, False Witnesses, and Other Tyrannies of Our Times, by Robert Woodman
- Texas Monitors Prisoners for-Signs of Al-Qaeda Recruitment
- Virginia Prison Vendors Lose Contracts to Out-of-State Supplier, by Gary Hunter
- BOP Medical Detainees Not Subject to PLRA
- Jailhouse Snitch Enlisted in War on Terrorism Behind Bars, by Bob Williams
- Innocent Ohio Man Paid $750,000 for 10 Years Imprisonment
- Tennessee Officials Pay $450,000 to Settle Lawsuit in Detainee's Murder by Guards, by David Reutter
- Texas Probation Officer Charged With Having Juvenile Probationer's Baby, by Gary Hunter
- $252,000 Awarded in Kansas Prisoner's Suicide
- Ohio Native American Prisoner Granted Injunction to Grow Long Hair, by David Reutter
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- Tennessee Supreme Court Holds No Procedural Protection Needed for $5 Fine
- California's New Governor Must Reconsider Former Governor's Parole Reversal, by John E Dannenberg
- Washington Failure to Disclose Prison-Phone-Rate Suit Dismissed, State Supreme Court Grants Review, by Sam Rutherford
- Indiana Appeals Court Allows Prisoner to Sue to Receive Pornography
- News in Brief
- Minnesota Pay-To-Stay Programs Don't Deliver
More from these topics:
- Class Action Certified in Lawsuit Alleging Raw Sewage Presence in Washington Jail, Oct. 1, 2026. Plumbing, Sewage, Sanitation, Class Certification, Deliberate Indifference.
- BOP Prisoner’s Claim Over Denied Medical Care Ruled Impermissible Bivens Extension, Oct. 1, 2026. OB/GYN, Failure to Treat, Administrative Exhaustion (PLRA), Grievances, Adequacy of Remedy.
- Eleventh Circuit Revives Pro Se Litigant’s § 1983 Lawsuit Despite His Three Strike Status Under the PLRA, Oct. 1, 2026. Filing Fees (PLRA), Frivolous Litigation (PLRA), Complaints, Abuse of Discretion Standard, Pro Se Issues.
- $4,000 Awarded to Ohio Prisoner for Denied Records Requests, Oct. 1, 2026. Damages, Retroactivity, Public Records Act, Statutory Construction/Interpretation.
- Disabled Prisoners in New York Aren’t Receiving Entitled Accommodations, Oct. 1, 2026. Disabled Prisoners, Retaliation for Filing Grievances, Failure to Treat, Americans with Disabilities Act.
- Fatal LAPD Arrests Show Systemic Failure in Handling Mental Health Crises, Oct. 1, 2026. Shootings, Restraints, Police--Excessive Force, Mental Health, Staff Training.
- Mental Health Diversion from New York State Jails Varies Widely by County, Sept. 1, 2026. Criminal justice system reform, Alternative Sentencing, Mental Health, State Legislation.
- Michigan DOC Legal Payouts Top $7 Million in FY 2025, Less than One Percent of $2.15 Billion Operating Budget, Sept. 1, 2026. Statistics/Trends, Cost of Prison Systems, Damages, Settlements.
- Seventh Circuit Grants Qualified Immunity to Detectives Who Revealed Prisoner Was Informant, Denies Him Anonymity, Aug. 1, 2026. Failure to Protect (General), Physical Injury Rule, Qualified Immunity, Informants (Failure to Protect), 42 U.S. Code § 1983, civil action for deprivation of rights.
- Fifth Circuit Kills Louisiana Prison Medical and Mental Health Care Reform, July 1, 2026. Medical, Conditions of Confinement, PLRA, Immunity/Liability, Mental Health.

