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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:
- U.S. Corrections Corporation Stock Suit
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More from these topics:
- 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.
- 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.
- 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.
- Second Circuit Vacates Finding that Prisoner Failed to Exhaust Administrative Remedies; Remands Conditions of Confinement and Due Process Claims, Dec. 1, 2025. Totality of Conditions, Failure to Protect (General), Administrative Exhaustion (PLRA), Municipal Liability, Ad-Seg Hearings.
- Eighth Circuit: Former Prisoner’s Amended Complaint Filed After Release Not Subject to PLRA Exhaustion Requirement, Dec. 1, 2025. Failure to Treat, Administrative Exhaustion (PLRA), Complaints, Cruel and Unusual Punishment, Deliberate Indifference.
- Wisconsin Prisoner Wins in Seventh Circuit Review of Exhaustive Remedies Case, Dec. 1, 2025. Failure to Treat, Failure to Protect (General), Administrative Exhaustion (PLRA), Grievances, Jury Trial.
- Ninth Circuit Finds No Bivens Extension Needed for Federal Prisoner Prescribed Water and Exercise for Thyroid Storms, Nov. 1, 2025. Systemic Medical Neglect, Administrative Exhaustion (PLRA), Civil Rights Actions or Offenses/Bivens Actions, Deliberate Indifference, Prison Litigation Reform Act (PLRA).

