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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:
- 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.
- 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).
- Seventh Circuit Finds No Problem With Surveillance of Chicago Detainees on Toilets, July 1, 2024. Jail Misconduct, Strip Searches, Electronic Surveillance.
- “Third Time Is Not the Charm” For Texas Jailers Barred by PLRA from Enforcing Prior Settlement Agreement Against Prisoner in New Suit, May 1, 2024. Jail Specific, PLRA, Settlements, Attorney Calls, Civil Settlement - Effect of, Prison Litigation Reform Act (PLRA), Wiretaps/Wiretap Evidence.
- Suit Proceeds Against CoreCivic by Guard Strip-Searched at Georgia Prison, April 26, 2024. Corrections Corporation of America/CoreCivic, Strip Searches, Employee Litigation.