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Eleventh Circuit Finds Administrative Remedies Unavailable When Prison Official Threatens Retaliation
Loaded on March 15, 2010
published in Prison Legal News
March, 2010, page 40
The Eleventh Circuit Court of Appeals has held that a prison official’s threat to retaliate against a prisoner for use of the institutional grievance procedure made the prisoner’s administrative remedies unavailable.
Filed under:
Threats by Staff,
Retaliation,
Retaliation for Filing Grievances,
Administrative Exhaustion (PLRA),
Administrative Exhaustion.
Location:
Georgia.
The appellate ruling came in a civil rights action filed by Georgia prisoner Willie Turner. He claimed that while …
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More from this issue:
- The Prison Industries Enhancement Certification Program: Why Everyone Should be Concerned, by Bob Sloan
- From the Editor, by Paul Wright
- First Circuit Upholds $101,750,000 in Damage Awards in FBI Misconduct Case, by Matthew Clarke
- Less Than Equal: State officials, including prejudiced human-rights commissioners, block Prisoner complaints, by Lance Tapley
- Prison Labor Bails Out State and County Budgets, by Gary Hunter
- All Eyes On the Court: An Interview with Attorney and Federal Court Monitor Fred Cohen, by Todd Matthews
- Cook County Strip, Body Cavity Searches Held Unconstitutional; Other Suits Pending, by Brandon Sample
- California Cuts Funding for Prop 36 Drug Treatment Programs, by Michael Brodheim
- Michigan Study Shows Incarceration Can Cause Illness in Loved Ones, by Gary Hunter
- Conviction of CIA Contractor Who Fatally Beat Afghan Detainee Upheld on Appeal
- Sexual Victimization Widespread in U.S. Correctional Facilities, by Brandon Sample
- Certificate of Merit in Medical Malpractice Suits Unconstitutional in Washington State, by Jimmy Franks
- Illinois Prisoners Bilked Out of Millions Through DOC Commissary Surcharges, by Joseph R. Dole
- A Tight Leash: Judges Micromanage Federal Offenders After Release, by Brandon Sample
- Texas Counties Give Up on Probationer Restitution Centers, by Matthew Clarke
- Prisoner Transport Guards Accused of Forcing Prisoner to Perform Sex Acts, by Michael Brodheim
- Call Your Attorney from Jail, Go to Prison, by John Dannenberg
- Washington Sex Offender Relieved of Obligation to Register
- Texas Youth Commission Causes Consternation, Conflict in State Legislature, by Gary Hunter
- Ninth Circuit Strikes Down BOP Rule Limiting Early Release for RDAP Participants, by Brandon Sample
- California Prisoner Settles Medical Suit for $35,000
- California Enacts Non-Revocable Parole And Increased Credits To Reduce Prison Population, by John Dannenberg
- New Orleans Jail Conditions Found Unconstitutional, by Jimmy Franks
- Jury Awards $80,001 to New Hampshire Prisoner for Guard Beating
- California Prison Erupts, Hundreds Hurt in Riot, Multiple Causes Cited
- In Support of Ending Prosecutorial Misconduct, by Jimmy Franks
- GEO Group Prison Squalor Drives Idaho Prisoner to Suicide: $100,000 Settlement
- South Carolina Prisoner Does Easy Time, by Gary Hunter
- $100,000 Settlement in New York Prisoner’s Slip and Fall Claim
- $750,000 Settlement in Alabama Prisoner’s Heat Death
- Partial Summary Judgment Granted To PLN in FOIA Case against EOUSA, by Brandon Sample
- Shrinking Budgets Force States to Cut Corrections Spending, by Bob Williams
- $60,000 Settlement for Washington Prisoner Injured by Chemical Spill
- GEO Group Buys Just Care For $40 Million
- Texas Religious Group Policies May Violate First Amendment and RLUIPA; TDCJ Changes Policy
- $2.1 Million Awarded in New York Unjust Conviction Claim
- Four-Year Statute of Limitations Applies to § 1983 Claims Filed in Florida
- Washington DOC Ordered to Pay $174,000 for False Imprisonment
- Canadian Appellate Court Affirms $12,000 Judgment for Prisoner
- Eleventh Circuit Finds Administrative Remedies Unavailable When Prison Official Threatens Retaliation
- $3.1 Million Settlement to Wrongly Convicted Massachusetts Prisoner
- $80,000 Award in NY Prisoner’s Claim for Injuries Caused by Assault
- $200,000 Settlement in Florida Prisoner’s Suicide Death
- Texas Prison Guard Gets 24 Months in Federal Prison
- Fourth Circuit: Heck Bar Inapplicable to § 1983 False Imprisonment Suit
- Failure to Raise Issue in Rule 50 Motion Prohibits Argument on Appeal; $214,000 Verdict Upheld
- Massachusetts GPS Program Upheld by State Supreme Court, by Mark Wilson
- Indiana DOC Directive Limiting Educational Credit to Only One Associate’s Degree Violates Ex Post Facto Clause, by Brandon Sample
- Assessment of Prison Account Without Seizure of Funds Implicates Due Process in Third Circuit, by Mark Wilson
- Tenth Circuit Reverses Dismissal of Failure to Protect Suit, by Brandon Sample
- Defendants Denied Qualified Immunity in Tennessee Jail Detainee’s Death, by Mark Wilson
- Ninth Circuit: California Jail Detainee’s Excessive Force Suit May Proceed, by John Dannenberg
- Texas to Eliminate Centralized Release of Prisoners
- News in Brief:
- Eighth Circuit Rejects Debt Offset of EAJA Fees; Supreme Court to Hear Case, by Mark Wilson
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- California Spends $300 Million Each Year Incarcerating Senior Citizens in Women’s Prisons, April 1, 2026. Retaliation for Filing Grievances, Totality of Conditions, Parole, Life without Parole (LWOP), Americans with Disabilities Act.
- Ohio Supreme Court Awards Prisoner $1,000 for Denied Records Request, April 1, 2026. Administrative Exhaustion (PLRA), Damages, Public Records, Public Records Act.
- Kentucky Supreme Court Clarifies Parole Board May Delegate Final Revocation Hearings to Administrative Law Judges but Holds Due Process Requires Parolees Be Permitted to File Exceptions to ALJ Findings Before Board Renders a Final Revocation Decision, April 1, 2026. Administrative Exhaustion, Fourteenth Amendment, rights, Revocation/Modification of Probation, etc., Revocation Proceedings, Authority and Jurisdiction.
- Leaked Video Footage Shows California Prison Guards Engaged in Retaliatory Assault, March 1, 2026. Guard Misconduct, Retaliation for Filing Grievances, Pepper Spray/Tear Gas, Prison Rape Elimination Act.
- Eleventh Circuit: District Court Erred in Dismissing BOP Prisoner’s Medical Claim, Finds Prison Officials Made Administrative Remedies Unavailable, March 1, 2026. Systemic Medical Neglect, OB/GYN, Failure to Treat, Administrative Exhaustion (PLRA), Deliberate Indifference.
- Montana Supreme Court: Due Process Prohibits Courts From Relying on Unproven Charging Allegations When Imposing Sex Offender Registration Duty, Announces First-Impression Rule Limiting Review to Elements of Conviction, March 1, 2026. Sex Offender Registration, Administrative Exhaustion, Fourteenth Amendment, rights, Qualifying Offenses, Acquitted Conduct/Uncharged Crimes/Dismissed Counts.
- D.C. Federal Court Holds Blocking Prison Reform Advocate’s Access to Federal Prisoners May Violate First Amendment and Due Process, Feb. 1, 2026. Threats by Staff, DOC/BOP misconduct, First Amendment, rights, Fifth Amendment, Access to Computers.
- $404,000 Verdict for Ohio Prisoner Brutalized by Trio of Guards, Kept in Solitary for Two Years, Jan. 1, 2026. Retaliation for Filing Grievances, Retaliatory Segregation, Guard Brutality/Beatings, Pepper Spray/Tear Gas, Control Units/SHU/Solitary Confinement.