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Exhaustion Excused Where Warden Misled Prisoner During Grievance Process
Failure to exhaust administrative remedies may be excused when prison officials mislead a prisoner during the grievance process, the U.S. Court of Appeals for the Ninth Circuit decided on January 11, 2010.
In May 2002, prisoner Gerson Nunez was strip-searched upon his return to the Federal Prison Camp (FPC) in ...
In May 2002, prisoner Gerson Nunez was strip-searched upon his return to the Federal Prison Camp (FPC) in ...
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More from this issue:
- Crime Labs in Crisis: Shoddy Forensics Used to Secure Convictions, by Matthew Clarke
- Prisoners of the Census in New York: Democracy on the March!, by Eric Lotke
- From the Editor, by Paul Wright
- New York Prisons Avoid Budget Axe, by David Reutter
- Are Doctors Complicit in Prison Torture? The Maine Medical Community Looks at Solitary Confinement, by Lance Tapley
- State Auditor Issues Report on Washington Department of Corrections
- $13 Million Settlement in DC Mass Arrest of Protestors, by David Reutter
- Settlement Allows North Carolina Prisoners to Receive Compensation for Writings, by David Reutter
- Expanded Eligibility for New York Medical Parole Has Little Effect, by Matthew Clarke
- Ex-Cons Face Tougher Job Market in Great Recession, by David Reutter
- Governing Through Crime: How the War on Crime Transformed American Democracy and Created a Culture of Fear, by Jonathan Simon (Oxford University Press 2007), 344 pages, by Ian Head
- New York Prison Chaplain Accused of Smuggling Weapons
- Prisoners’ Self-Help Litigation Manual, 4th Edition, by John Boston and Daniel Manville, Oxford University Press, 960 Pages, $39.95, by Paul Wright
- Former President of Florida Sheriff’s Association Enters Plea in Kickback Scheme, by David Reutter
- $3.125 Million in Settlements in Oregon Prisoner’s Beating Death
- Tennessee Judge Facing Misconduct Charges Tries to Depose Disciplinary Counsel, by Matthew Clarke
- Pennsylvania Prisoner Awarded $185,000 in Civil Rights Claim; Harassment Continues, by David Reutter
- Ninth Circuit Says Qualified Immunity Warranted for Comb-Binding Denial, by Mark Wilson
- Washington Prisoners Need Not Show Prima Facie Case Upon Challenging Prison Discipline, by David Reutter
- Virginia Issues Report on Monitoring of Sex Offenders Subject to Registration
- Georgia Ends Contact Visits for Death Row Prisoners, by David Reutter
- Texas Controversy: Governor Guts Forensic Science Commission, by Matthew Clarke
- For Lease: Never-Used 525-Bed Oregon Jail, $45 Million or Best Offer, by Mark Wilson
- Seventh Circuit Upholds Ban on Dungeons & Dragons, by Brandon Sample
- New York Prison Superintendents Live in Lap of Luxury on Taxpayer Subsidy
- Third Circuit Reverses $642,398.57 Attorney Fee Award for RFRA Claim by Immigration Prisoner
- U.S. Supreme Court: No Bivens Remedy Available Against PHS Staff, by Brandon Sample
- Fraudsters Sentenced in Cornell Prison Construction Scheme, by Brandon Sample
- Successful Appellate Ruling Invalidating Statute Creates Prevailing Party for Attorney Fee Award, by David Reutter
- Exhaustion Excused Where Warden Misled Prisoner During Grievance Process, by Brandon Sample
- Ninth Circuit: Los Angeles County Not Liable for Occasional Over-Detentions, by Michael Brodheim
- Female Assistant Attorney General Pleads Guilty in Wife-Beating Case, by Mark Wilson
- Sexual Abuse of Youths at Tennessee Juvenile Facility Widespread, by David Reutter
- Fake Rape Claim Puts Woman in Prison, by Brandon Sample
- News in Brief:
- Limitations Period in Suit Over Delay in Providing Surgery Begins When Prisoner is Recommended for Surgery, by Brandon Sample
More from Brandon Sample:
- Q&A: Ineffective Assistance of Counsel: Which Errors Are Worth Pursuing?, April 12, 2019
- Guilty Plea Does Not Foreclose Challenge To Constitutionality Of Conviction, U.S. Supreme Court Decides, April 19, 2018
- U.S. Supreme Court Rejects Habeas Relief Citing AEDPA Deference, Dec. 19, 2017
- Maryland Ban on Prisoner's Book Rescinded, Aug. 23, 2016
- Former BOP Guard Convicted In Murder-For-Hire Scheme, Aug. 22, 2016
- Second BOP Guard Convicted In Assault-For-Hire, Aug. 22, 2016
- BOP Dentist Gets Slap On The Wrist for Sex Abuse, Aug. 22, 2016
- Cook County Jail Agrees to Improvements, April 15, 2013
- No More Than 20 Percent Can Be Deducted To Pay Filing Fees, April 15, 2013
- Heck Does Not Apply to Released Prisoner Seeking Damages for Sentence Miscalculation, April 15, 2013
More from these topics:
- Study Finds Just 1% of Prisoner’s Eighth Amendment Claims Succeed, May 1, 2025. Retaliation for Filing Grievances, Systemic Medical Neglect, Eighth Amendment, Administrative Exhaustion (PLRA), Cruel and Unusual Punishment.
- Ninth Circuit Grants Stay and Abeyance of Federal Habeas Petition to Allow Petitioner to Exhaust State Remedies, April 15, 2025. Administrative Exhaustion (PLRA), Habeas Corpus, AEDPA, Amendments to Petition.
- Tenth Circuit Stretches PLRA to Deny Claim of Colorado Prisoner Shot by Guard While Shackled, April 1, 2025. Administrative Exhaustion (PLRA), Shootings.
- Fourth Circuit Excuses Maryland Prisoner From Exhaustion Requirement in PREA Claim, April 1, 2025. Administrative Exhaustion (PLRA), Prison Rape Elimination Act.
- D.C. Circuit Reverses Dismissal of Federal Prisoner’s Complaint Due to PLRA Three-Strikes Rule, April 1, 2025. Medication, Administrative Exhaustion (PLRA), Pending Appeals.
- Sixth Circuit Sets Up Circuit Split with Ruling on Michigan Prisoner’s PLRA Exhaustion Dispute, Oct. 15, 2024. Administrative Exhaustion (PLRA), Prison Litigation Reform Act (PLRA).
- Illinois Pays $3 Million for Subjecting Prisoners to Degrading Mass Strip Search, Oct. 15, 2024. Harassment by Police, Strip Searches, Settlements.
- Baton Rouge Cops Indicted for Violent In-Custody Strip-Search, Sept. 15, 2024. Strip Searches, Guard Brutality/Beatings.
- Washington Court of Appeals: PLRA Dismissal of Prisoner’s Federal Suit Is Not Res Judicata Barring State Tort Claims, Sept. 15, 2024. Administrative Exhaustion (PLRA), Res Judicata, Federal Tort Claims Act (FTCA).
- Fifth Circuit: Texas Prisoner’s Declaration Alone Sufficient to Send PLRA Exhaustion Dispute to Trial, July 1, 2024. Administrative Exhaustion (PLRA), Summary Judgment, Summary Judgment/Judgment N.O.V., Prison Litigation Reform Act (PLRA).