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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
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- 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
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- $737,500 Settlement after Seventh Circuit Finds No Qualified Immunity for Prisoner's Suicide
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- Tenth Circuit: No Section 2241 Jurisdiction for BOP Supermax Challenge; Claims Must be Brought as Bivens Action
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- California: Eastern District Jury Pool Alleged to be Biased Against Prisoners
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- 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
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- News in Brief
More from these topics:
- 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).
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- 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.
- 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.
- Ninth Circuit Grants Equitable Tolling Under AEDPA Where Attorney Abandoned Prisoner by Failing to Communicate for Nine Months and Prison Officials Delayed Processing Filing Documents, Dec. 15, 2025. Attorney Misconduct, Legal Materials, Law Library Access/Adequacy, Limitations, AEDPA.
- 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.

