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Discipline Without Notice Violates Due Process; BOP Administrative Exhaustion May Be Excused
Loaded on May 15, 2004
published in Prison Legal News
May, 2004, page 24
Discipline Without Notice Violates Due Process;
Filed under:
Notice of Rules,
Administrative Exhaustion (PLRA),
Preliminary Injunctions/TRO's,
Habeas Corpus,
Telephones,
Telephone Access.
Location:
Oregon.
BOP Administrative Exhaustion May Be Excused
A federal district court in Oregon held that a federal prisoner's procedural default in failing to exhaust administrative remedies would be waived. The court also held that disciplining a prisoner for violation of a rule he had no …
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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
- Dismissal of Prisoner's Divorce Petition Is Abuse of Discretion
- DOJ Investigation: Conditions in Arkansas Prisons Unconstitutional, by Michael Rigby
- Washington Prisoners Get Credit for Time Spent at Liberty
- 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:
- 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.
- Kentucky Department of Corrections Restricts Tablet Access, Oct. 1, 2026. Telephone Access, Telephone Rates, Video Visitation, Access to Computers.
- Washington DOC Barred from Putting Prisoners on Lockdown and Calling It “Programming”, Sept. 1, 2026. Prison Labor, Liberty Interests, Notice of Rules, Lockdowns, Statutory Construction/Interpretation.
- Federal Habeas Quick Reference Guide for State Prisoners, Sept. 1, 2026. Retroactivity, Habeas Corpus, AEDPA, Actual Innocence/Claim of Innocence, Cause and Prejudice.
- Sixth Circuit Holds Kentucky Deficient-Counsel Belated-Appeal Procedure Tolls Federal Habeas One-Year Limitations Period, Sept. 1, 2026. Limitations, Habeas Corpus, AEDPA, Failure to Preserve Challenge, Tolling of Statutes of Limitations and Laches.
- Formally Available, Rarely Granted: A State Prisoner’s Guide to Federal Habeas Relief, Sept. 1, 2026. Administrative Exhaustion, Habeas Corpus, Bureau of Prisons Orders, Administrative Law/Remedies, Evidence - Integrity/Reliability of, Tolling of Statutes of Limitations and Laches, Federal Rules of Evidence, Statute of Limitations.
- Eleventh Circuit Holds § 2255 Motion Not “Second or Successive” After Intervening Amended Judgment Corrected Unlawful Sentences, Even as to Claims Concerning an Undisturbed Count, Aug. 1, 2026. Habeas Corpus, AEDPA, Effect of Vacatur.
- Free Phone Calls Saved Prisoners and Their Families More than $600 Million, Report Finds, July 1, 2026. Conditions of Confinement, PLRA, Prisoner Privileges, Rehabilitation/Recidivism, Telephones.
- BOP Ordered to Restart Gender Affirming Care for Trans Prisoners, July 1, 2026. Medical, Conditions of Confinement, Administrative Exhaustion (PLRA), Transgender.
- Seventh Circuit Reinstates Illinois Prisoner’s Lawsuit Against Prison Dental Staff, June 1, 2026. Dental Care, Administrative Exhaustion (PLRA), Summary Judgment, Class Certification, Deliberate Indifference.

