The California Tort Claims Act procedures need not be exhausted Exhaustion is not jurisdictional (seems to be dictum).
Monetary damages are not available under IDEA administrative remedies The majority rule (under IDEA, not PLRA, apparently) is that one should have to exhaust anyway or one could evade the exhaustion requirement by seeking damages The court adopts the minority rule that relief not available under the statutory scheme does not require exhaustion Damages are not available under IDEA, but only under a 1983 action based on IDEA
The court denies summary judgment to the defendants because it is not clear whether administrative remedies are presently available to the plaintiff (ie, whether the wrongs he claims can still be remedied, presumably meaning that they may still be ongoing)
Exhaustion is not required under PLRA when damages are sought and not available under the grievance system; contrary decisions give too little attention to the statutory term "available." The court equates futility with non-availability (1152). But exhaustion is waived only when the administrative procedure can't alleviate the underlying wrong "Therefore the Court finds that exhaustion is required if, at the time the action is filed, the wrong can be alleviated by an administrative procedure" Eg, if plaintiff were still in solitary he'd have to exhaust
Weight loss resulting from emotional distress is not a "prior" physical injury under PLRA (1152) See: Plasencia v. State of California, 29 F.Supp.2d 1145 (C.D.Cal. 1998).
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Related legal case
Plasencia v. State of California
|Cite||29 F.Supp.2d 1145 (C.D.Cal. 1998)|