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Procedural Default In Exhausting State Administrative Remedies Held Not A Bar To Bringing § 1983 Act
Loaded on Nov. 15, 2005
published in Prison Legal News
November, 2005, page 22
Procedural Default In Exhausting State Administrative Remedies Held Not A Bar To Bringing § 1983 Action; Supreme Court Grants Review
Filed under:
PLRA,
Administrative Exhaustion (PLRA),
Denial of Religious Services,
Clergy.
Location:
California.
by John E. Dannenberg
The Ninth Circuit U.S. Court of Appeals, deepening a split among the circuits, held that a California state prisoner's alleged untimeliness in filing his administrative grievance …
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More from this issue:
- Prison Design Boycott a Challenge to the Professional Business of Incarceration, by Raphael Sperry
- North Carolina Prosecutors Reprimanded For Intentionally Withholding Crucial Exculpatory Evidence in
- Parole for Women in California: Promise or Pathos, by Corey Weinstein
- From the Editor
- California Prison Gang Linked to Guards and Mexican Drug Cartel
- CIA Private Jet Takes Prisoners on Torture Trips
- Connecticut: Rash of Prisoner Suicides Prompt Questions, Concerns
- Rising Deaths and Violence Among Problems In Illinois Prisons, Jails
- Jail Policy Barring Abortion Without Court Order Upheld
- Oklahoma Prisons Suffer Crisis of Violence and Mismanagement
- Overturned Conviction Nets Baltimore Man $1.4 Million
- Federal Prison Problematic For Texas Officials, by Michael Rigby
- Tulia Undercover Deputy Tom Coleman Convicted of Perjury, by Hans Sherrer
- Procedural Default In Exhausting State Administrative Remedies Held Not A Bar To Bringing § 1983 Act
- Los Angeles County Pays $125,000 In Medical Negligence Juvenile Camp Death
- Escaped Murderer Found Eleven Years Later
- Pro Se Tips and Tactics: Three-Strikes and No More, by Daniel E. Manville
- Supreme Court Holds Penalty Phase
- Fired, Tattooed, Nude-Posing Guard Settles with Maryland DOC for $10,000
- PLN Loses Florida Writer Pay Ban/Censorship, by David Reutter
- Higher Property Tax Collections Permit 25% Growth Of Los Angeles County Jail Capacity
- Mississippi Juvenile Legal Access Class Action Settled
- Maryland Prisons MisCalculate Half of All Prisoner Release Dates
- $97,000 in Damages and Fees Awarded in Arkansas Over Detention Suit
- New York City Settles Wrongful Imprisonment Suit For $1 Million
- New York Prisoner Awarded $195,000 for Hand, Knee Injury
- New York Employees Families Settle Attica Riot Claims for $12 Million
- Virginia Federal Court: Over 47 Hours in
- BJS Report Reveals Rising Imprisonment Rates, Trends In 2003
- Accounting Errors Plagued California Criminal Justice Agency
- SABER's Sexual History Disclosure Requirement Violates Fifth Amendment
- Jail Prisoner Strangles Psychiatrist; Jury Awards $2.6 Million
- PLRA Limits Prisoner's Attorney Fees Incurred Defending
- Mass Parole Re-Hearings in Tennessee Following AG Opinion, by Alex Friedmann
- Seventh Circuit Reverses Dismissal of BOP Medical Neglect Case;
- News in Brief:
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More from these topics:
- SCOTUS Continues to Hack Away At First Step Act, July 1, 2026. Conditions of Confinement, PLRA, Post-release, ex-offender, re-entry, Sentences - Corrections or Modifications of, Compassionate Release.
- 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.
- Fifth Circuit Kills Louisiana Prison Medical and Mental Health Care Reform, July 1, 2026. Medical, Conditions of Confinement, PLRA, Immunity/Liability, Mental Health.
- 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.
- Nebraska Lifts Suspension of Native American Religious Practices Hours Prior to Federal Court Hearing, June 1, 2026. Denial of Religious Services, Religious Practices, First Amendment, rights, Religious Freedom/Worship, Religious Land Use and Institutionalized Persons Act (RLUIPA).
- 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).
- First Circuit Revives Federal Prisoner’s Claim Against Rhode Island Lockup, April 1, 2026. Denial of Religious Services, Religious Practices, 42 U.S. Code § 1983, civil action for deprivation of rights, Immunity - Sovereign/Municipal, Authority and Jurisdiction.
- Ohio Supreme Court Awards Prisoner $1,000 for Denied Records Request, April 1, 2026. Administrative Exhaustion (PLRA), Damages, Public Records, Public Records Act.
- Fourth Circuit Revives Deliberate Indifference Claim for Baltimore Detainee Served Rotten Food, March 1, 2026. Food, Denial of Religious Services, Immunity - Absolute and Qualified, Deliberate Indifference.

