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

Sixth Circuit Now Permits § 1983 Complaint to Proceed Even If Prisoner Did Not Initially Plead Exhaustion Below

Loaded on Jan. 15, 2009 published in Prison Legal News January, 2009, page 52
Filed under: Administrative Exhaustion (PLRA), Legal Property, Legal Materials, Civil Procedure, Complaints. Location: Michigan.

Sixth Circuit Now Permits § 1983 Complaint to Proceed Even If Prisoner Did Not Initially Plead Exhaustion Below

The Sixth Circuit U.S. Court of Appeals has vacated its precedent which held that a prisoner had an affirmative burden to plead exhaustion of administrative remedies in a § 1983 complaint. Following ...

 

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. Prisoners Exposed to Toxic Dust at UNICOR Recycling Factories, by Brandon Sample
  2. From the Editor, by Paul Wright
  3. Allegations of Contraband Smuggling, Sex and Corruption at Texas Prison, by Matthew Clarke
  4. Organizing for Freedom: Resistance at Angola State Penitentiary, Louisiana’s Last Slave Plantation, by Jordan Flaherty
  5. U.S. Homeland Security Illegally Drugged Immigrants for Deportation, by Gary Hunter
  6. Connecticut DOC Settles Prisoner’s Brutal Beating By Ten Guards For $500,000
  7. Multiple Incidents Indicate Florida Jail Has Culture of Abuse
  8. Prisoners’ Death Rate Report Indicts Prison Medical Care by Implication, by David Reutter
  9. Welcome to Fun Day: Crime and Punishment in the United States, by Marie Gottschalk
  10. Cook County Jail Conditions Unconstitutional, Charges Department of Justice, by David Reutter
  11. CMS Fails to Treat MRSA Infection; Florida Jail Prisoner Dies
  12. Oregon Juvenile Facility Warden Indicted; Youth Authority Director Resigns, by Mark Wilson
  13. Violence and Corruption at Rikers Island; Called a “Battle Camp for Kids”, by David Reutter
  14. Former PHS Doctor Arrested on Drug Charges
  15. Prison Health and Self-Care: MRSA, by Michael D. Cohen, MD
  16. Cold Case Hits Use Vastly Exaggerated DNA “Match” Statistics; Upheld by California Supreme Court, by Matthew Clarke
  17. $885,437.24 Award for CMS Massachusetts Jail Nurse Barred for Reporting Prisoner Abuse
  18. 115,000 Florida Ex-Felons Have Civil Rights Restored Under New Rules
  19. Texas Prison Guard Files False Report, Faces 20 Years, by Gary Hunter
  20. Los Angeles County Settles For $900,000 After Unattended Prisoner Savagely Beaten By Violent Jail Gang
  21. Texas Prisoners Pay Parole Consultants Hefty Fees
  22. TASER Avoids Liability in Three Deaths by Suing Medical Examiner, by John Dannenberg
  23. $3,540,402.22 Jury Award In California Wrongful Conviction Case
  24. PR Bonds Plummet in Harris County, Texas as Jail Overflows, by Gary Hunter
  25. Nurse Pleads Guilty in Death of Florida Juvenile Prisoner
  26. Ohio Court Finds Three-Drug Execution Protocol Violates Prisoners’ State Rights
  27. Florida Prison Employees Awarded $630,000 for Subjection to Prisoner “Gunners”
  28. Demonstrators Supporting Guantanamo Prisoners in Front of U.S. Supreme Court Found Guilty of Unlawful Assembly
  29. $170,000 Jury Verdict in Sacramento Jail Beating
  30. Costs for San Quentin’s Proposed New Death Row Spiral Upward, by John Dannenberg
  31. Washington State’s Criminal Libel Statute Held Unconstitutional; Prisoner Disciplinary Conviction Vacated, by John Dannenberg
  32. Florida Sheriff Sued for Awarding No-Bid Health Care Contract, Receiving Gifts
  33. Civil Commitment Provisions of Adam Walsh Act Held Unconstitutional
  34. PHS Receives Three-Year $366 Million Rikers Island Medical Care Contract Renewal Despite Non-Performance Fines for Last Three Years, by John Dannenberg
  35. Washington Jail Remodel Violated State Law, at a Cost of $51.6 million, by Mark Wilson
  36. Michigan Escape is Not “Violent Felony” for ACCA Purposes
  37. Jail Nurse Guilty of Forging Doctor’s Order; Forged Orders Common Jail Practice, by Mark Wilson
  38. $7 Million in Settlements in Colorado Jail Prisoner’s Death from Medical Negligence, by David Reutter
  39. Ohio Jail Guard’s Excessive Force Conviction Affirmed
  40. $1,100,000 Settlement in Juvenile Prisoner Suicide in Union County, New Jersey
  41. Will California’s $11 Billion Prison Outlay Survive State Budget Cuts?, by Marvin Mentor
  42. Second Circuit Recognizes Attorney-Client Privilege in Prisoner’s Journal in Prosecution of Rapist Guard
  43. Rape of Child by Former Washington DOC Director’s Son Spawns Departmental Crisis, by John Dannenberg
  44. Ex-Con Exposed – Had Posed as a Lawyer, by John Dannenberg
  45. $5 Million Settlement For Illegal Strip Searches In Las Cruces, NM Jail
  46. New Jersey Court Enters Preliminary Injunction Barring Women Prisoners at Men’s Prison
  47. PEW Report: 1 in 99 Adult Americans Behind Bars In 2007, by John Dannenberg
  48. Maryland DOC Pays $500,000 for Detainee Beaten to Death By Guards
  49. $7,025 Award in Slip and Fall From Ohio Prison Bunk
  50. Georgia Sheriff Must Give Revenue from Prisoner Phone Calls to County, by David Reutter
  51. Beleaguered Oregon Sheriff Steps Down, by Mark Wilson
  52. Violence at Oklahoma Prisons Leaves Two Dead, Twenty-Five Injured, by Matthew Clarke
  53. News in Brief:
  54. Sixth Circuit Now Permits § 1983 Complaint to Proceed Even If Prisoner Did Not Initially Plead Exhaustion Below

More from these topics: