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Judge, Not Jury, Must Resolve Questions about Administrative Exhaustion
Loaded on June 15, 2012
published in Prison Legal News
June, 2012, page 46
Factual disputes surrounding whether a prisoner properly exhausted administrative remedies under the Prison Litigation Reform Act (PLRA) prior to filing suit must be resolved by the court, not a jury, the U.S. Court of Appeals for the Second Circuit held on July 26, 2011. In so ruling, the Second Circuit …
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More from this issue:
- God’s Own Warden: If you ever find yourself inside Louisiana’s Angola prison, Burl Cain will make sure you find Jesus – or regret ever crossing his path, by James Ridgeway
- Angola: A Prison Passion Play, by John Dannenberg
- From the Editor, by Paul Wright
- No Budget Cuts for Federal Prisons, by James Ridgeway
- Death Sentences, Executions Remain at Low Levels, by Justin Miller
- Dallas County Passes Jail Inspections ... Finally
- Michigan Sex Offender’s Suicide Results in Changes to Sex Offender Registry Law, by Matthew Clarke
- California Lifers: Deaths Exceed Parole Releases, by John Dannenberg
- Background Checks that Bar Employment of Ex-offenders May Violate Civil Rights
- Class-Action Settlement Cures Constitutional Violations at Pennsylvania Prison
- Hawaii ACLU Files Suit on Behalf of Women Who Want to Marry Prisoners, by Alex Friedmann
- Wrongful Convictions Prove Costly, Especially for the Wrongly Convicted, by Matthew Clarke
- Guard Who Identified Over 100 Prison Rioters Pleads Guilty to Contraband Charge
- Oregon Increases Sex Offender Registration Requirements
- Washington Prison Video Surveillance Recordings Exempt from Disclosure Under Public Records Act, by Michael Brodheim
- Florida Closes Oldest Boy’s School, Best Known for Abusive Past
- Federal Investigation, Prosecution Targets Indiana Sheriff’s Officers, by Derek Gilna
- Failure to Advise Defendant of Ineligibility for Early Release Credits Renders Guilty Plea Invalid
- CCA Anti-Prison Rape Shareholder Resolution Fails to Pass
- Ninth Circuit Rules that Washington DOC Religious Contractor Not a “State Actor”
- Ohio Wrongful Conviction Results in $2.59 Million Settlement
- Ninth Circuit Holds No Due Process Right Created by California’s Parole Scheme
- Arizona Jails Refuse to Incarcerate Some Offenders
- The Last Gasp: The Rise and Fall of the American Gas Chamber, by Scott Christianson (University of California Press, 2011)., by Julie Etter
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- Pennsylvania County Prisons Not Reporting Critical Incidents
- Former BOP Guard Convicted, Sentenced in Murder-for-Hire Case
- Iowa Supreme Court Holds Billing for Fraudulent Prisoner Phone Calls Not a State Law Violation
- No “Strike” Under PLRA When Some Claims are Heard on the Merits, by Brandon Sample
- Tenth Circuit Voids Albuquerque’s Attempt to Ban Sex Offenders from Libraries, by Derek Gilna
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- Second BOP Guard Convicted in Connection with Prisoner’s Murder, by Brandon Sample
- Seven Florida Prison Guards Arrested
- Washington Prisoners Have No Right to Inspect Records Under Public Records Act, by Brandon Sample
- Pennsylvania Prison Guard Convicted in Drug Probe, Testifies Against Coworkers
- Judge, Not Jury, Must Resolve Questions about Administrative Exhaustion
- $500,000 Settlement in Pennsylvania Jail Prisoner’s Medical-Related Death
- ACLU Report Proves Smart Criminal Justice Policy Reform is Possible, by David Reutter
- News in Brief
More from these topics:
- 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.
- Exonerated Former Prisoner Wins Election for Chief Record Keeper in New Orleans, Jan. 1, 2026. Prisoner Legal Assistance, Juries, Public Records, Wrongful Conviction, Wrongful Imprisonment.
- 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.
- Eighth Circuit: Former Prisoner’s Amended Complaint Filed After Release Not Subject to PLRA Exhaustion Requirement, Dec. 1, 2025. Failure to Treat, Administrative Exhaustion (PLRA), Complaints, Cruel and Unusual Punishment, Deliberate Indifference.
- Wisconsin Prisoner Wins in Seventh Circuit Review of Exhaustive Remedies Case, Dec. 1, 2025. Failure to Treat, Failure to Protect (General), Administrative Exhaustion (PLRA), Grievances, Jury Trial.
- Ninth Circuit Finds No Bivens Extension Needed for Federal Prisoner Prescribed Water and Exercise for Thyroid Storms, Nov. 1, 2025. Systemic Medical Neglect, Administrative Exhaustion (PLRA), Civil Rights Actions or Offenses/Bivens Actions, Deliberate Indifference, Prison Litigation Reform Act (PLRA).
- Appeals Court Allows Illinois Prisoner’s Suit for Failure to Exhaust Administrative Remedies, Nov. 1, 2025. Failure to Treat, Administrative Exhaustion (PLRA), Summary Judgment, 42 U.S. Code § 1983, civil action for deprivation of rights, Hearsay Evidence/Exceptions.
- Appeals Court Rules Michigan’s Tolling Provision Is Not Inconsistent with the PLRA, Nov. 1, 2025. Administrative Exhaustion (PLRA), Limitations, 42 U.S. Code § 1983, civil action for deprivation of rights, Tolling of Statutes of Limitations and Laches.
- SCOTUS Partially Overturns Pavey, Holds PLRA Exhaustion Dispute Must Go to Jury Even If Intertwined with Merits of Michigan Prisoner’s Claim, Aug. 1, 2025. Administrative Exhaustion (PLRA).