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Released Prisoners Need Not Exhaust Grievance Remedies Before Filing Suit
Loaded on Jan. 15, 2011
published in Prison Legal News
January, 2011, page 27
The Ninth Circuit has held that former prisoners need not exhaust administrative remedies before filing suit pursuant to 42 U.S.C. § 1983 to challenge the conditions under which they were once confined. In so ruling, the Ninth Circuit joins the Second, Third, Seventh, Eighth and Tenth Circuits; each has held …
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More from this issue:
- Medical Examiners Lack Qualifications, Competence, Oversight, by Matthew Clarke
- Kentucky Jail Under Investigation After Prisoner Dies; Sexual Abuse, Financial Mismanagement Also Alleged, by Derek Gilna
- From the Editor, by Paul Wright
- St. Louis Lockups Violate Constitutional Rights, ACLU Asserts, by Mark Wilson
- Mentally Ill Prisoner Terrorized, Forced to Wear Pink Underwear by Arizona Jailers
- California Prison Settles Prisoner’s Excessive Force Suit for $15,000
- Texas Capital Defendants with Hired Attorneys Rarely Receive Death Sentences, by Matthew Clarke
- $16 Million Award Upheld in Wrongful Conviction Resulting from Undisclosed Evidence and Relationship
- UNICOR-Made Military Helmets Recalled, Production Suspended, by Derek Gilna
- $300,000 Settlement for New York Guard’s Fondling of Prisoner
- Kansas No Longer a Leader in Post-Release Prisoner Programs, by Derek Gilna
- North Carolina Prison Censorship Class Action Suit Settled
- Federal Rapid REPAT Program Not Working in Rhode Island, by Derek Gilna
- Georgia Prisoners Strike for Wages, Better Medical Care and Food
- Oregon Prisoner Holds Counselor Hostage, Gets New 68-Month Sentence
- California: Confiscation of Prisoner’s Mail May Violate First Amendment
- California: Harsh Sentencing Laws and Health Care Costs Strain Corrections Budget
- Released Prisoners Need Not Exhaust Grievance Remedies Before Filing Suit
- Budget Deficits Lead to Fewer Supermax Beds, by Mark Wilson
- California: Validity of Parole Board’s Psych Evaluation Procedures for Lifers Questioned, by Michael Brodheim
- Fourth Circuit Vacates Pornography Restriction on Federal Defendant
- Connecticut Restricts Prisoners’ FOIA Requests, by David Reutter
- U.S. Department of Justice Releases Report on Deaths in Jails, by Matthew Clarke
- Former Ohio Prison Guard Dies Shackled to Hospital Bed, by Matthew Clarke
- Seventh Circuit Reverses Summary Judgment for Guard in Illinois Jail Taser Case
- Oregon Jail Guard Latest to be Indicted for Sexual Misconduct, by Mark Wilson
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- California: Parole Agents Saw and Spoke to Kidnap Victim, Yet Failed to Identify or Rescue Her
- Political Patronage Scandal Rocks Massachusetts Probation Department, by Derek Gilna
- Federal Restitution Law Failing Crime Victims, by Michael Rigby
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- Mississippi Supreme Court Holds Substance, Not Label, of Prisoner Petitions Governs
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- News in Brief:
More from these topics:
- SCOTUS Continues to Hack Away At First Step Act, July 1, 2026. Conditions of Confinement, PLRA, Post-release, ex-offender, re-entry, Sentences - Corrections or Modifications of, Compassionate Release.
- Free Phone Calls Saved Prisoners and Their Families More than $600 Million, Report Finds, July 1, 2026. Conditions of Confinement, PLRA, Prisoner Privileges, Rehabilitation/Recidivism, Telephones.
- Fifth Circuit Kills Louisiana Prison Medical and Mental Health Care Reform, July 1, 2026. Medical, Conditions of Confinement, PLRA, Immunity/Liability, Mental Health.
- BOP Ordered to Restart Gender Affirming Care for Trans Prisoners, July 1, 2026. Medical, Conditions of Confinement, Administrative Exhaustion (PLRA), Transgender.
- Seventh Circuit Reinstates Illinois Prisoner’s Lawsuit Against Prison Dental Staff, June 1, 2026. Dental Care, Administrative Exhaustion (PLRA), Summary Judgment, Class Certification, Deliberate Indifference.
- Texas Officials Testify That Cost to Air Condition Prisons Tops $1.5 Billion, May 1, 2026. Eighth Amendment, Exposure to Heat, Administrative Exhaustion (PLRA), Deliberate Indifference, Prison Litigation Reform Act (PLRA).
- Ohio Supreme Court Awards Prisoner $1,000 for Denied Records Request, April 1, 2026. Administrative Exhaustion (PLRA), Damages, Public Records, Public Records 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.
- U.S. District Court in Arizona Grants Summary Judgment in Favor of Prisoner Denial of Forms for Challenging 455 Days of Solitary, Jan. 1, 2026. Totality of Conditions, Administrative Exhaustion (PLRA), Control Units/SHU/Solitary Confinement, Chemical Spraying of Mentally Ill Inmates, Deliberate Indifference.
- Second Circuit Vacates Finding that Prisoner Failed to Exhaust Administrative Remedies; Remands Conditions of Confinement and Due Process Claims, Dec. 1, 2025. Totality of Conditions, Failure to Protect (General), Administrative Exhaustion (PLRA), Municipal Liability, Ad-Seg Hearings.