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Sixth Circuit Reverses Dismissal of Suit Due to Non-Exhaustion and Statute of Limitations
Loaded on July 15, 2013
published in Prison Legal News
July, 2013, page 18
The Sixth Circuit Court of Appeals reversed a lower court's summary judgment order that erroneously dismissed a Michigan prisoner's lawsuit for non-exhaustion and because it was time-barred.
Filed under:
Administrative Exhaustion (PLRA),
Court Access,
Legal Property,
Limitations.
Location:
Michigan.
On November 30, 2005, Michigan state prisoner Samuel Surles filed suit in federal court, alleging that prison officials at the Gus Harrison Correctional …
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- Arizona Prison System Plagued by Politics, Privatization and Prisoner Deaths, by Joe Watson
- Louisiana Supreme Court Rejects Ex Post Facto Challenge in Sex Offender Supervision Case, by Derek Gilna
- From the Editor, by Paul Wright
- Italian Prison Program Trains Female Prisoners in Fashion Industry, by Derek Gilna
- Pennsylvania DOC's Hepatitis C Protocol Challenged in Class-action Lawsuit, by Greg Dober
- Sixth Circuit Reverses Dismissal of Suit Due to Non-Exhaustion and Statute of Limitations
- Sixth Circuit: Failed Cancer Diagnosis Not Deliberately Indifferent
- Sixth Circuit Orders Judgment Against Three Defendants in Prisoner's Retaliation Case
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- Seventh Circuit: Summary Judgment Partially Reversed in Jail Death Caused by Medication Withdrawal
- Oregon: Post-Escape Conduct Justifies Enhanced Escape Sentence
- Oklahoma Prison Employees Disciplined, by Matthew Clarke
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- Congress Amends PLRA Physical Injury Requirement for Sexual Abuse Cases, by John Boston
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- Re-incarceration Not Grounds to Dismiss Wisconsin Civil Commitment Petition
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- Some Jails Turning to Video Visitation Only, by Matthew Clarke
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More from these topics:
- 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).
- Sixth Circuit Holds Dismissal Not Automatic When Plaintiff Simultaneously Files Same Claims in State Court, Aug. 1, 2025. Retaliation, Court Access, Grievances, Mail.
- Ninth Circuit: Continuing-Violations Doctrine Applies for PLRA Administrative Exhaustion Purposes, Aug. 1, 2025. Failure to Protect (General), Administrative Exhaustion (PLRA), Grievances, Prison Litigation Reform Act (PLRA).
- Ninth Circuit Revives Prisoner’s Claim Based on Guard’s Thwarting of Administrative Remedies, Aug. 1, 2025. Retaliation for Filing Grievances, Administrative Exhaustion (PLRA), Grievances.
- Sixth Circuit: Michigan Tolling Statute Applies to PLRA Administrative Exhaustion Requirement, July 15, 2025. Retaliation for Litigating, Administrative Exhaustion (PLRA), Tolling of Statutes of Limitations and Laches.
- Eighth Circuit Excuses Missouri Prisoner’s Failure to Exhaust Remedies While He Was In a Coma, June 1, 2025. Systemic Medical Neglect, Administrative Exhaustion (PLRA).
- 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.