Skip navigation
Prison Legal News
× You've used up your 3 free articles for this month. Subscribe today.

“Special Circumstances” Justify Non-Exhaustion in Second Circuit

Loaded on Aug. 15, 2008 published in Prison Legal News August, 2008, page 39
Filed under: Administrative Exhaustion (PLRA), Legal Property, Prisoner Property, Immunity/Liability, Qualified Immunity. Location: New York.
The Second Circuit Court of Appeals has excused a New York prisoner’s failure to exhaust available administrative remedies under the Prison Litigation Reform Act (PLRA). The court found that prison officials’ erroneous refusal to investigate a claim, and frustration of administrative review of the error, constituted “special circumstances” justifying non-compliance ...

 

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.

Subscribe today

Already a subscriber? Login

More from this issue:

  1. Oregon DOC Food Manager Takes Over $1 Million in Bribes, Feeds Prisoners “Distressed” Food, by Mark Wilson
  2. From the Editor, by Paul Wright
  3. C O R R E C T I O N
  4. Los Angeles County Pays $40,000 Damages to Assaulted Prisoner Informant Witness
  5. Deal to Reconsider 1,000 Paroles Scotched When New York Governor Capitulates Over Cop Killer’s Case, by John Dannenberg
  6. Phoenix New Times Executives Arrested for Reporting About Sheriff Joe Arpaio, by Matthew T. Clarke
  7. Mississippi Jail Prisoner Wins $3,000,000 in Failure to Protect Suit
  8. Oklahoma Pays $844,000 for Comprehensive Performance Audit of DOC, by Matthew Clarke
  9. $300,000 Settlement in Murder of College Student by Released Sexual Predator
  10. Human Rights Watch Report: Most Sex Offender Laws Misguided and Ineffective, by Matthew Clarke
  11. More Prisoners Murdered in Texas Federal Prisons, by Gary Hunter
  12. Illinois Prisoners Win $8 Million for Failure to Treat Hep C
  13. Fifth Circuit: Federal Prisoner Loses Retaliation Suit but U.S. Attorney Sanctioned, by John Dannenberg
  14. Over $6 Million Awarded in Oakland, California Parolee’s False Arrest Suit, by John Dannenberg
  15. Washington Inter-Prison Property-Shipping-Fee Class Action Suit Settles For $1,262,500, by John Dannenberg
  16. Unlocking America, Why and How to Reduce America’s Prison Population, The JFA Institute, November 2007, 32 pp., by John Dannenberg
  17. Former North Carolina Lawmaker’s Son Submits Highest Bid, Gets Prison Contract, by David Reutter
  18. Complaint Against Utah DOC for Non-Delivery of PLN Fails Because Defendants Only Negligent; Jail Publication Ban Illegal, by John Dannenberg
  19. Maryland Juvenile Justice Official Resigns Over Past Abuse Allegations, by David Reutter
  20. Pennsylvania Prison Medical Firm’s Performance Called into Question
  21. $64,900 Award in Arkansas Excessive Force Claim; Warden Held Not Liable, by David Reutter
  22. National Council of Juvenile and Family Court Judges to Pay for Grant Fraud
  23. Floor-Sleeping at Los Angeles County Jail Ruled Unconstitutional, by John Dannenberg
  24. Eighth Circuit: Iowa Prisoner’s Denial-Of-Court-Access Ruling Reversed
  25. Court Orders Attorney General to Allow Law Students Access to Political Prisoners at Federal Supermax, by Brandon Sample
  26. Mentally Ill Woman Sues Over Seg-Cell Sex; County Settles for $40,000
  27. Alabama Felon Disenfranchisement Limited
  28. Three Suicide Suits At Sacramento, California Jail Settled For $1,000,000
  29. Muslim Virginia Prisoner Entitled to 2,200 Calories During Ramadan
  30. Ohio DNA Specimen Law Ruled Not Retroactive
  31. Authorities Listen in on Attorney-Client Calls at Jails in FL, CA and TX, by David Reutter
  32. Illinois Man Falsely Arrested in Attempted Child Abduction Awarded $2 Million
  33. Court Clerk Fired for Relationship with Prisoner; Bar Complaint Against Federal Prosecutor Exposed Relationship
  34. Exonerated Montana Prisoner Sues State, Receives $3.5 Million
  35. United Kingdom Creates Foreigner Only Prisons, by David Reutter
  36. CMS Found Liable for Inadequate Hep C Medical Care of Delaware Prisoner
  37. Vermont DOC Settles Religious Practice Denial Suit For $25,000
  38. New York Man Wins $640,000 for Unjust Incarceration
  39. Whistle-blowing California Sheriff’s Deputy Settles Retaliation Suit For $150,000, by John Dannenberg
  40. Fifth Circuit: Texas Prisoners Cannot be Disciplined for Trust Fund Deposits Initiated by Others, by Matthew Clarke
  41. “Special Circumstances” Justify Non-Exhaustion in Second Circuit
  42. Retaliation Claim Not Barred by Heck
  43. Informant/Hit Man In 20 Murders Released After 12 Years; Paid $20,000, by John Dannenberg
  44. “Defense of Another” Not Applicable to Prison Disciplinary Defense
  45. News in Brief:
  46. Prisoners on Prison Education: Your Knowledge, Experience and Views Are Sought by the Special Rapporteur on Education
  47. Spokane Jail Prisoner Murdered in Cell, County Settles Lawsuit for $180,000

More from these topics: