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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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More from this issue:
- 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
- A Prolonged Stay: The Reasons Behind the Slow Pace of Executions, by Raymond Bonner
- 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
- Valley Fever Declared a Public Health Emergency at Two California Prisons; Court Orders Prisoner Transfers, by John Dannenberg
- Congress Amends PLRA Physical Injury Requirement for Sexual Abuse Cases, by John Boston
- Tennessee Judge Convicted Following Drug and Sex Scandal
- $737,500 Settlement after Seventh Circuit Finds No Qualified Immunity for Prisoner's Suicide
- Prisoners Respond to Call for Prison Phone Justice; SCI-Huntingdon Delivers!, by Mel Motel
- Ninth Circuit: Enemy Combatant Detention/Torture Not Clearly Established
- Illinois: Conditions Lawsuit Filed by Civilly Confined Sex Offenders Dismissed, by Derek Gilna
- Tenth Circuit: No Section 2241 Jurisdiction for BOP Supermax Challenge; Claims Must be Brought as Bivens Action
- Arkansas: Sentencing Court Cannot Order Prison Treatment
- CCA Loses Four Private Prison Contracts in One Month
- California: Eastern District Jury Pool Alleged to be Biased Against Prisoners
- Seventeen Years Pending Re-trial Fails to State Speedy Trial Violation under § 1983
- Collateral Consequences Weighed for Corporations, Not for Individuals, by Russell Mokhiber
- Re-incarceration Not Grounds to Dismiss Wisconsin Civil Commitment Petition
- PLN Files Public Records Suit Against CCA in Vermont
- Some Jails Turning to Video Visitation Only, by Matthew Clarke
- Washington Sex Offender's Conviction for Failure to Report Reversed
- Fourth Circuit Reverses Dismissal of Case Challenging Virginia DOC Grooming Policy
- California: Probation Condition Cannot Prohibit Court Access
- Three New Mexico Jail Guards Convicted of Assault, Obstruction of Justice
- Ninth Circuit: Idaho Ordered to Allow Viewing of all Stages of Execution, by David Reutter
- South Carolina Sex Offender Registration Amendment Requires Actual Notice
- California Guard Fights Prisoner, Faces Charges for Falsifying Reports
- Third Circuit: Prison Officials Liable for Failing to Protect Informant
- Deadly Prison Fire Kills Hundreds in Honduras
- Third Circuit Discusses FRCP 17(c) Guardian Appointment; Evidence of Incompetency Requires Sua Sponte Inquiry
- Former Maryland Governor Acknowledges Politics Behind Life Means Life Policy
- Former Mississippi Mayor Sent to Prison
- Seventh Circuit Reverses Dismissal of Illinois Prisoner's Lawsuit Related to Shooting
- South Dakota Non-profits Lose Cheap Prison Labor, by Derek Gilna
- News in Brief
More from these topics:
- BOP Prisoner’s Claim Over Denied Medical Care Ruled Impermissible Bivens Extension, Oct. 1, 2026. OB/GYN, Failure to Treat, Administrative Exhaustion (PLRA), Grievances, Adequacy of Remedy.
- Sixth Circuit Holds Kentucky Deficient-Counsel Belated-Appeal Procedure Tolls Federal Habeas One-Year Limitations Period, Sept. 1, 2026. Limitations, Habeas Corpus, AEDPA, Failure to Preserve Challenge, Tolling of Statutes of Limitations and Laches.
- Idaho Supreme Court Holds Indigent Parents Have Constitutional Right to Counsel at Public Expense, July 1, 2026. Court Access, Appeals/Appellate Jurisdiction, Constitutional Challenges/Law, Counsel - Right to, Civil Rights Actions or Offenses/Bivens Actions.
- 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.
- Sixth Circuit Announces State-Law Exceptions to Appeal Deadlines Preserve “Pending” Status Under AEDPA, Holding Belated-Appeal Procedures Toll Federal Habeas Limitations Period, April 1, 2026. Limitations, Habeas Corpus, AEDPA, Appealable Issues/Orders, Failure to Address/Advise Defendant.
- 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.
- Eleventh Circuit Upholds Dismissal of Six Female Alabama Jail Detainees’ Sexual Assault Suit, Jan. 1, 2026. Jail Misconduct, Summary Judgment, Limitations, Municipal Liability, Criminal Sexual Abuse.

