×
You've used up your 3 free articles for this month. Subscribe today.
Ninth Circuit Reverses Dismissal of ADA Suit for Failure to Exhaust
Loaded on March 15, 2006
published in Prison Legal News
March, 2006, page 44
The Ninth Circuit Court of Appeals held that a district court erred in dismissing a California prisoners suit for failing to exhaust administrative remedies under 42 U.S.C. § 1997e(a) of the Prison Litigation Reform Act, (PLRA).
Filed under:
Discrimination,
Disabled Prisoners,
Blind Prisoners,
Vision,
Administrative Exhaustion (PLRA),
Americans with Disabilities Act.
Location:
California.
Earl Butler, a blind prisoner, was confined at the California Substance Abuse Treatment Facility ...
Full article and associated cases available to subscribers.
As a digital subscriber to Prison Legal News, you can access full text and downloads for this and other premium content.
Already a subscriber? Login
More from this issue:
- Federal Court Seizes California Prisons' Medical Care; Appoints Receiver With Unprecedented Powers
- Ten Deaths At San Quentin from Macabre" Healthcare
- California Prison Doctor Suspended Following Three Prisoner Deaths
- From the Editor
- Los Angeles County Pays $900,000 to Parents of Murdered Informant in Jail
- NY DOC's 60% Telephone Call Surcharge" Violates First and Fourteenth Amendments
- Dallas Fake Drug Cases Settle For Millions, Jury Awards Damages
- Wisconsin Prison Employee Raped By Prisoner Awarded $366,000
- New York City Pays $75,000 for 28.5 Days False Imprisonment
- Supreme Court: Prisoners' ADA Right to Sue for Damages Trumps State's Sovereign Immunity
- Michigan Jail's Disproportionate Treatment of Women Results in $855,000 Settlement Agreement
- Texas Legislature Requires HIV Testing for Prisoners, by Gary Hunter
- Texas Prisoners Again Have Limited Right to Appear in Civil Cases
- New York City Jail Strip Search Suit Settles For $30 Million
- Florida Awards $2 Million to Wrongfully Convicted Man
- California Enacts Strong Sexual Abuse in Detention Elimination" Act
- Police Department Class Action Fraud Suit Filed Against Stun Gun Maker
- New Mexico Jail Prisoners Raped by Judge and Guards Settle for $890,000
- PLN Questions John Ashcroft on the Death Penalty
- Wackenhut Settles Pennsylvania Suicide Suit For $125,000
- Appointment Of Counsel Ordered To Determine California Prisoner's Request For Post-Appeal DNA Testin
- Washington Jail Pays Teenager $400,000 for Rape While Imprisoned
- New York Governor Illegally Halts the Release of 12 Sex Offenders
- BOP Enjoined from Terminating Boot Camp Program
- Sixth Circuit Upholds Michigan Ban On Prisoner Appeals of Discretionary Denials of Parole
- Wrongfully Imprisoned D.C. Disabled Man Settles Suit For $1.74 Million
- Former Riker's Island Head Goes to Prison
- $3.6 Million Awarded in Rape and Murder by Erroneously Released NY Prisoner
- BOP Awards Unisys Corp. Nationwide Prison Phone Contract
- Federal Government Bans Medicaid Impotence Drugs for Sex Offenders
- BOP Secret Squirrel Photo File" Suit Remanded
- New York Jail Prisoner Injured In Assault Awarded $750,000
- Rebellion at CCA Prison in Texas
- Arkansas Juvenile Prisons Cornell Kills a Prisoner, Hires Guard DOC Fired
- Washington State Forensic Scientist Helps Convict the Innocent, FBI Assists
- Avalon Correctional Services Delisted From NASDAQ
- Civil Commitment of Massachusetts Sex Offenders Expanding
- California Lifer's Understanding of Plea Agreement Does Not Create Entitlement to Parole
- York County, Maine, Settles Class Action Strip-Search Suit for $3,300,000
- Florida DOC's Copy Cost Assessment Rule Declared Invalid, by David Reutter
- New Jersey's Legal Mail Policy Enjoined; Qualified Immunity Granted
- Michigan Jail Settles Suicide Suit for $280,000
- Pre-Trial Defendant Released on Recognizance Is Not Subject to Warrantless Search Without Probable C
- Los Angeles County Pays Prisoner $42,500 for Legal Malpractice by Public Defender
- California Pays Innocent Prisoner $328,000 for Nine Years in Prison, by John Dannenberg
- California DOC Watched Over by Toothless Bureau of Independent Review
- New Jersey Settles Prisoners Freedom of Religion Suit
- COPS Program Fails To Arrest Crime, Funding Improprieties
- Withholding Legal Mail States Legal Access Claim
- Florida Closes Scandal Ridden Girls Facility, Takes Over Control of Another Juvenile Facility
- Theft of Prisoners Book by Guards Valid Legal Basis for Texas Civil Suit
- Nebraska Supreme Court Reverses Dismissal of Prisoners Drug Testing § 1983 Claim
- Fourth Circuit Reverses $35,934.66 Habeas Fee Award; Habeas Corpus Not Civil Action Under EAJA
- Court Orders Mob Boss Released from SHU
- New York Jail Detainee Awarded $233,000 in Damages and Fees for Excessive Force Claim, by David Reutter
- Sixth Circuit PLRA Fee Set at $169.50 Not $135
- Qualified Immunity on FRCP 12(b)(6) Motion Faces Formidable Hurdle in Hepatitis Case
- Washington Settles Prisoners Medical Indifference Suit for $370,000
- News in Brief
- Ninth Circuit Reverses Dismissal of ADA Suit for Failure to Exhaust
More from these topics:
- Tenth Circuit Ruling Paves Way for $2.7 Million Settlement for Intellectually Disabled Jail Detainee Raped by Sheriff, Aug. 1, 2025. Staff-Prisoner Assault, Jail Misconduct, Americans with Disabilities Act.
- SCOTUS Partially Overturns Pavey, Holds PLRA Exhaustion Dispute Must Go to Jury Even If Intertwined with Merits of Michigan Prisoner’s Claim, Aug. 1, 2025. Administrative Exhaustion (PLRA).
- Ninth Circuit: Continuing-Violations Doctrine Applies for PLRA Administrative Exhaustion Purposes, Aug. 1, 2025. Failure to Protect (General), Administrative Exhaustion (PLRA), Grievances, Prison Litigation Reform Act (PLRA).
- Ninth Circuit Revives Prisoner’s Claim Based on Guard’s Thwarting of Administrative Remedies, Aug. 1, 2025. Retaliation for Filing Grievances, Administrative Exhaustion (PLRA), Grievances.
- Washington Jail Settles DOJ Allegations of ADA Noncompliance in Failure to Treat Opioid Use Disorder, July 15, 2025. Drug/Alcohol Withdrawal, Americans with Disabilities Act, Drug Treatment/Rehab.
- Sixth Circuit: Michigan Tolling Statute Applies to PLRA Administrative Exhaustion Requirement, July 15, 2025. Retaliation for Litigating, Administrative Exhaustion (PLRA), Tolling of Statutes of Limitations and Laches.
- Eighth Circuit Excuses Missouri Prisoner’s Failure to Exhaust Remedies While He Was In a Coma, June 1, 2025. Systemic Medical Neglect, Administrative Exhaustion (PLRA).
- Policing the Vulnerable: The Criminalization of Disability, May 15, 2025. Disabled Prisoners, Mental Health.
- Study Finds Just 1% of Prisoner’s Eighth Amendment Claims Succeed, May 1, 2025. Retaliation for Filing Grievances, Systemic Medical Neglect, Eighth Amendment, Administrative Exhaustion (PLRA), Cruel and Unusual Punishment.
- Ninth Circuit Grants Stay and Abeyance of Federal Habeas Petition to Allow Petitioner to Exhaust State Remedies, April 15, 2025. Administrative Exhaustion (PLRA), Habeas Corpus, AEDPA, Amendments to Petition.