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Judge May Resolve Exhaustion Issue; No Policy on Grievance Non-decisions Means Remedies Unavailable
Judge May Resolve Exhaustion Issue; No Policy on Grievance Non-decisions Means Remedies Unavailable
by David Reutter
The Third Circuit Court of Appeals held on August 26, 2013 that a judge may resolve factual disputes relevant to the exhaustion of administrative remedies without the participation of a jury. It also held ...
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More from this issue:
- Update on PLN Suit Against Nevada DOC
- Seventh Circuit: No Qualified Immunity for Diabetic Detainee’s Death, by Mark Wilson
- SEC Rejects CCA, GEO Group Shareholder Resolutions to Reduce Prison Phone Rates
- Administrators Fired at Privately-Run Texas Jail
- Systemic Changes Follow Murder of Colorado Prison Director, by John Dannenberg
- Prison Closures Cause Economic Turmoil
- Do Faith-Based Prisons Work?, by Alexander Volokh
- North Carolina Repeals Racial Justice Law
- North Carolina: Hundreds of Federal Prisoners Legally Innocent, Some Still Incarcerated, by Derek Gilna
- Seventh Circuit Admits Prisoner is Right but Denies Relief, Suggests Clemency
- New York Prisoner Awarded Sanctions for Spoliation of Evidence; Case Settles for $500,000, by Mark Wilson
- Judge May Resolve Exhaustion Issue; No Policy on Grievance Non-decisions Means Remedies Unavailable, by David Reutter
- Seventh Circuit Reverses Summary Judgment in Dental Care Suit, by David Reutter
- Prison Officials Liable for Private Employer ADA Violations, by Mark Wilson
- Habeas Petitioner Cannot Avoid Payment of Appellate Filing Fees, by Michael Brodheim
- Oregon Victim’s Right to Restitution Survives Prosecutor’s Statutory Violation, by Mark Wilson
- England, Increasing Number of States Allow Same-Sex Prisoner Marriages or Civil Unions
- Illinois $50 State’s Attorney Fee Applies Only to Habeas Proceedings, by Mark Wilson
- Flimsy Reasons for Prolonged, Frequent Lockdowns State Eighth Amendment Claim, by David Reutter
- BOP Grievance System Contributes to “Compliance or Defiance” by Prisoners, by Derek Gilna
- New York Jail Guard Sentenced for Sexually Abusing Seven Prisoners
- Brady Violations Result in Habeas Relief for Pennsylvania Death Row Prisoner, by David Reutter
- Kentucky Prisoner’s Due Process Rights Violated in Disciplinary Hearing, by Robert Warlick
- Jury’s Tasteless Gag Gifts to Judge and Bailiff Fail to Demonstrate Unfair Trial
- Prison Industries in India Compete in Open Market
- Visitors Fingerprinted at Alabama Prisons
- Two Murders in Seven Months at CCA-run Prison in Tennessee
- Decline in Arrests of Los Angeles County Probation Officers
- Louisiana Public Service Commission Considers Prison Phone Issues
- Ninth Circuit: Damages Required for Compelled Religious-Based Treatment, by Mark Wilson
- Eighth Circuit: No Qualified Immunity for Detainee’s Overdose Death, by Mark Wilson
- Prisoners Unlikely to Benefit from New, Highly Effective Hepatitis C Treatment, by Greg Dober
- Oregon Parole Board: “Don’t Have to Explain Nothing to Nobody”
- Preliminary Injunction Entered in PLN Censorship Suit Against Ventura County, California
- Bonnie Kerness: Pioneer in the Struggle Against Solitary Confinement, by Lance Tapley
- From the Editor, by Paul Wright
- News in Brief
- Two Corrections Chiefs Serve Time in Segregation, by Christopher Zoukis
More from David Reutter:
- Texas Court of Criminal Appeals Announces Order of Deferred Disposition Not a ‘Sentence’ Under Article 44.01(b)—Which Authorizes State to Appeal Illegal Sentence—Resolving Split Among State Courts of Appeals, April 15, 2025
- Fifth Circuit: Sentence Enhancement for Maintaining Drug Premises Not Satisfied Solely by Defendant’s Single, Conclusory Statement That He ‘Maintained’ Premises When Record Shows Mere ‘Use’ of Premises, April 15, 2025
- Illinois Pretrial Incarceration Becomes Less Random A Year After Elimination of Cash Bail, April 1, 2025
- Philadelphia Agrees to $9.1 Million Settlement for Wrongful Murder Conviction, Feb. 15, 2025
- ‘Fictional Pleas’ and ‘Hidden Departures’: Failure to Collect Data on Binding Federal Plea Bargains Hinders Researchers, Feb. 15, 2025
- First Circuit: Two-Level Enhancement Under § 3B1.1(c) for Leadership or Managerial Role Vacated Because Government Failed to Prove Defendant’s Order Was Actually ‘Obeyed’ by Fellow Criminal Participant, Feb. 15, 2025
- Texas Court of Criminal Appeals Holds Witness Wearing Surgical Mask During Pandemic Is Denial of Sixth Amendment Right to Face-to-Face Confrontation and No General Exception to This Right for Pandemic or ‘Other Global Events’ Such as Wars and Natural, Feb. 15, 2025
- The Murky Waters of Parole, Feb. 1, 2025
- California Prisoner Awarded Over $1.26 Million in Suit Challenging Withheld Legal Mail Which Resulted in Habeas Loss, Jan. 15, 2025
- Muslim New York Prisoner’s Free Exercise of Religion Claim Reinstated, Jan. 15, 2025
More from these topics:
- 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.
- D.C. Circuit Reverses Dismissal of Federal Prisoner’s Complaint Due to PLRA Three-Strikes Rule, April 1, 2025. Medication, Administrative Exhaustion (PLRA), Pending Appeals.
- $500 Jury Verdict for Pennsylvania Prisoner After Federal Court Clarifies DOC Grievance Procedures, Nov. 15, 2024. Settlements, Grievances.
- Sixth Circuit Sets Up Circuit Split with Ruling on Michigan Prisoner’s PLRA Exhaustion Dispute, Oct. 15, 2024. Administrative Exhaustion (PLRA), Prison Litigation Reform Act (PLRA).
- Seventh Circuit Avoids Deciding Whether Wisconsin Statute of Limitations Tolls from Prisoner’s Incident or Grievances, Oct. 15, 2024. Grievances, Tolling of Statutes of Limitations and Laches.
- Missouri Prisoner’s Excessive Force Claim Proceeds Against Guards After Court Excuses Missed Deadlines Under “Unavailable” Grievance Procedure, Sept. 15, 2024. Guard Brutality/Beatings, Grievances, Unavailibility of Essential Witness.
- Washington Court of Appeals: PLRA Dismissal of Prisoner’s Federal Suit Is Not Res Judicata Barring State Tort Claims, Sept. 15, 2024. Administrative Exhaustion (PLRA), Res Judicata, Federal Tort Claims Act (FTCA).
- Fifth Circuit: Texas Prisoner’s Declaration Alone Sufficient to Send PLRA Exhaustion Dispute to Trial, July 1, 2024. Administrative Exhaustion (PLRA), Summary Judgment, Summary Judgment/Judgment N.O.V., Prison Litigation Reform Act (PLRA).