×
You've used up your 3 free articles for this month. Subscribe today.
Administrative Remedies “Unavailable” when Prisoner under Threat of Intimidation or Retaliation
Loaded on May 15, 2013
published in Prison Legal News
May, 2013, page 42
The Tenth Circuit Court of Appeals has held “that when a prison official inhibits a prisoner from utilizing an administrative process through threats or intimidation, that process can no longer be said to be ‘available’” under the Prison Litigation Reform Act (PLRA). The appellate court set forth a two-prong test ...
Filed under:
Retaliation,
Retaliation for Filing Grievances,
Administrative Exhaustion (PLRA).
Location:
Colorado.
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.
Already a subscriber? Login
More from this issue:
- Arkansas Sheriff Took Kickbacks for Card Fees, Class-Action Suit Says, by Erik De La Garza
- Prison Visitation: A Fifty State Survey, by Chesa Boudin
- Maine Prisoner’s Contraband Conviction Vacated
- Pennsylvania: No Prison Time for Guards Convicted of Abusing Prisoners, by Christopher Zoukis
- My Life with Lifers, by Dr. Elaine J. Leeder. (E-Books Unbound, 2012). 140 pages, $4.99 (e-book) or $14.95 (paperback), by John Dannenberg
- Mandatory Lifetime Monitoring a Direct Consequence of Sex Offense Plea Bargain in Michigan
- Governmental Highway Robbery: Asset Forfeiture and the Pillaging of the American People, by John W. Whitehead
- $17.75 Million Settlement for Victims of Pennsylvania “Kids for Cash” Scandal, by David Reutter
- Virginia Prisoner Pardoned After Accuser Admits She Lied
- Ex-Felons are About to Get Health Coverage, by Michael Ollove
- CCA Admits to Falsified Staffing Records, Violating Contract with Idaho DOC
- Utah: Private Company Offers to Pick Up Prison Tab, by Eric S. Peterson
- Iowa Sex Offender Special Sentence Provisions Interpreted: Time-Served Credit, but Not Earned-Time, Reduces Revocation Term
- California: Parole Placement of Serial Killer’s Accomplice in Remote County Upheld
- North Carolina County Conned into Building $100 Million Jail
- Seventh Circuit Vacates Summary Judgment for Nutriloaf Diet
- Eighth Circuit Overturns Jury’s $850,000 Verdict for Nebraska Detainee’s Suicide
- Oklahoma Parole Board Members Charged with Violating Open Meeting Act, by Christopher Zoukis
- CCA Excludes Shareholder Resolution Requiring Company to Fully Disclose Information about REIT Conversion
- No Room for 900 New Washington Prison “Rugs”
- Faulty Background Checks Blamed on Digitized Records, Greedy Amateurs, by Joe Watson
- Prison Health Care Provider under Fire in Illinois, by Christopher Zoukis
- Lawsuits Filed Over Unrelated Deaths of Two Oregon Prisoners
- Muslim Prisoners Challenge Ohio’s Denial of Halal Meals; Pork Producers Protest, by Joe Watson
- New York: $225,000 Settlement for Prisoner’s Suicide Attempt, Abuse at Rikers Island
- California District Attorney Sued by Former Colleague
- Administrative Remedies “Unavailable” when Prisoner under Threat of Intimidation or Retaliation
- California: Lifer Entitled to Credit for Time Served Following Governor’s Erroneous Veto of Parole Grant
- Kentucky DOC May Not Alter Presentencing Custody Credits
- Oregon Parole Board’s Notice-of-Rights Form Violates APA
- New York Creates “All Crimes DNA Database”
- Federal Court Limits New York’s Civil Commitment Statute, but Injunction Vacated on Appeal, by Derek Gilna
- $695,000 Settlement in Discrimination Suit by Deaf Colorado Detainees
- California State Bar Recommends District Attorney’s Disbarment, by Christopher Zoukis
- New York Sex Offender Registration Determination is Exception to Article 78 Review
- Sixth Circuit: Disciplinary Conviction Does Not Bar Excessive Force Claim, by Christopher Zoukis
- California: Nine Detainees Charged in Jailhouse Killing; Five Sentenced to Life Terms
- Oregon: Only Voluntary Surrender Avoids Fugitive Dismissal Rule
- Oregon Jail Guard Gets Three Years for Sex with Prisoner
- Arkansas Prisoner’s Ad-Seg Reviews Held to be Meaningless; Case Remanded to Recalculate Damages
- U.N. Considers Revisions to Standard Minimum Rules for Treatment of Prisoners, by Christopher Zoukis
- News in Brief
More from these topics:
- DOJ Finds Unconstitutional Conditions in Texas Juvenile Detention, Aug. 1, 2025. Staff-Prisoner Assault, Retaliation for Filing Grievances, Pepper Spray/Tear Gas, Sentencing, Control Units/SHU/Solitary Confinement, Failure to Protect (Juveniles), Juvenile Prisons.
- 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.
- $6.75 Million Settlement Reached in Suit Accusing Massachusetts Guards of Retaliatory Assaults on Prisoners, Aug. 1, 2025. Racial Discrimination, Retaliation, Guard Brutality/Beatings.
- 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.
- Oregon Prisoners Can Now Seek Economic Damages for Future Lost Income More Easily, July 15, 2025. Retaliation, Settlements, Defamation, Employment Deprivation.
- $95,000 in Settlements for Illinois Prisoners Retaliated Against for Class Participation in Prison Education Programs, July 15, 2025. Retaliation, Education, First Amendment, rights.
- Nearly $70,000 Awarded for Illinois Prisoner’s Excessive Force Claim, July 15, 2025. Retaliation for Filing Grievances, Food, Guard Brutality/Beatings.
- 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.