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

Incapacitation Good Cause for Untimely Exhaustion Under PLRA

Loaded on Nov. 15, 2011 published in Prison Legal News November, 2011, page 10
Filed under: PLRA, Administrative Exhaustion (PLRA). Location: Illinois.
The Seventh Circuit Court of Appeals has held that physical incapacitation constitutes good cause for failure to exhaust administrative remedies within the time frame set by prison officials. As such remedies are not “available” within the meaning of the Prison Litigation Reform Act (PLRA) when a prisoner is physically unable ...

 

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. New York’s Sex Offender Civil Commitment Program Proves Expensive, Problematic, by Matthew Clarke
  2. Eleventh Circuit Reverses Dismissal of BOP Failure to Protect Suit
  3. From the Editor, by Paul Wright
  4. Texas Jail Guards Smuggle Contraband in Tacos, Ramen Noodles
  5. $725,000 Award in Negligent Medical Care Suit Involving Poisoned New York Prisoner
  6. Oregon Jail Suicides Lead Grand Juries to Fault Prevention Efforts, Staff Training, by Mark Wilson
  7. Alabama Sheriff Capitulates to ACLU in Challenge to Denial of Attorney Visits
  8. Incapacitation Good Cause for Untimely Exhaustion Under PLRA
  9. Federal Court Rules on Exhaustion Issues for Joined Plaintiffs in Lawsuit Against CCA
  10. California Appellate Ruling Holds Court Fee Inapplicable to Pre-2009 Convictions
  11. Ninth Circuit Holds Serious Risk to Prisoner’s Health Posed by Year-Long Denial of Outdoor Exercise “Obvious” as a Matter of Law, by Michael Brodheim
  12. PLN Files Censorship Suit Against NYDOCS
  13. U.S. Supreme Court Holds Civil Contemptor Facing Incarceration Requires Procedural Safeguards Absent Counsel
  14. Former Judges in “Cash for Kids” Scandal Sentenced, by Derek Gilna
  15. $370,000 in Annual Phone Revenue at Ohio Jail
  16. PLN Sues Jails in Louisiana, Washington State Over No-Publication Policies
  17. Ninth Circuit Holds That Absconding Tolls Supervised Release for Federal Parolees
  18. Settlement Reverses Virginia DOC’s Ban on Jailhouse Lawyers Handbook, by David Reutter
  19. Summary Judgment for CCA Reversed in Filthy Jail Conditions Case, by David Reutter
  20. Hawaii Ex-prisoner Awarded $83,000 for Being Held 83 Days Past Release Date
  21. Requests for Hawaiian Prisoner Workers Soar Due to Poor Economy, by David Reutter
  22. Boulder, Colorado Jail’s Postcard-Only Correspondence Policy Ends with Settlement
  23. Ninth Circuit Rules Right to Court Access Violated When Lockdown Prevents Prisoner from Researching Issues Related to Direct Appeal, by Michael Rigby
  24. Nevada DOC’s Ban on Male Supervisors at Women’s Prison Invalidated
  25. No Qualified Immunity for Guard Who Transported Prisoner in Dog Cage
  26. Ninth Circuit Rules California’s Proposition 115 Not Unconstitutional
  27. Ninth Circuit: California Prisoner Need Not Appeal from Satisfactory Grievance Response in Order to Exhaust Administrative Remedies, by Michael Brodheim
  28. Report Blasts Sex Party at New York Juvenile Facility
  29. Ninth Circuit Holds California Prison Officials Responsible for Providing Reasonable Accommodations to Disabled Prisoners and Parolees Held in County Jails
  30. New York Court Sentences Rabbi to Four Years in Prison
  31. Iowa Supreme Court Rules That Sex Offender Treatment Program Requires Due Process Protections
  32. Colorado Prison Culinary Program Caters to Local Community
  33. Conditions at New York Juvenile Facilities Deficient; State and Federal Officials Settle Lawsuit
  34. Ten Years of Sham Segregation Reviews Result in $4,846 Damage Award for Arkansas Prisoner
  35. Courts Cannot Order Federal Prisoners to Participate in IFRP
  36. Ohio Prisoner Escape and Hostage-Taking Results in Lawsuit Against CCA, Settlement
  37. Tenth Circuit Rules Denial of Halal Diet May Violate RLUIPA, by Michael Brodheim
  38. Tenth Circuit Rules Oklahoma Prisoner Exhausted Administrative Remedies
  39. Eighth Circuit Upholds Denial of Qualified Immunity on Medical Claims Against CMS
  40. Florida Jail Offers Video Visits to Profiteer More From Prisoner Families
  41. ICE, CCA Settle ACLU Lawsuit Regarding Health Care for Immigration Detainees, by Derek Gilna
  42. California: New Postsentence Rehabilitation Credits Inapplicable to Sentences of Convicted Murderers
  43. “Public Concern” Test Does Not Apply to Prisoner Retaliation Claims; Speech Must be Consistent with Status as a Prisoner, by Brandon Sample
  44. Pennsylvania Councilman Takes Private Prison Company’s Donation, then Opposes Detention Center
  45. Prospect of Prison Rape Used to Deter DUIs in South Africa, by Brandon Sample
  46. Washington Community Custody Violators Entitled to Time Served
  47. Second Circuit Holds BOP Correct in Not Granting Good Conduct Credits for Time Spent in State Custody, by Brandon Sample
  48. Incarceration Alone Insufficient to Terminate Parental Rights in Michigan
  49. Does Less Punishment Mean Less Crime?
  50. BOP Evidence-Handling “Grave Miscarriage of Justice”; Charges Dismissed by Federal Judge
  51. PLN Wins Partial Victory, Attorneys Fees in FOIA Video Tape Suit Against U.S. Attorneys’ Office, by Brandon Sample
  52. Ninth Circuit: PLRA Precludes Award of Attorney Fees Where Violation of Prisoner’s Rights is Not Affirmatively Established
  53. News In Brief:

More from these topics: