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State Law Claims in Federal Suits Must Be Exhausted

Loaded on Dec. 15, 2007

Filed under: Toilets, Water, Administrative Exhaustion (PLRA), Guard Brutality/Beatings, Restraints, Civil Procedure, State Law Claims. Location: Michigan.

Use of force is a prison condition for purposes of PLRA; the unavailability of damages does not excuse exhaustion (citing prior circuit authority for both propositions) This court uses the 18 U.S.C. § 3626(g)(2) definition of "conditions of confinement" as a definition of prison conditions.

A plaintiff who said he …

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