×
You've used up your 3 free articles for this month. Subscribe today.
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. …
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:
- 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:
- Eight Circuit Reverses Denial of Partial Qualified Immunity in Detainee’s Pepper Ball Claim, Remands Excessive Force Claims, Sept. 1, 2026
- Nevada Prisoners, Families Call Out Predatory Tablet Program, Sept. 1, 2026
- Fourth Circuit: Error in Granting Judgment Prior to Adjudging Spoliation Motion, Sept. 1, 2026
- Fourth Circuit Affirms Qualified Immunity in Strip Searches Resulting from Anonymous Tips, Sept. 1, 2026
- Tenth Circuit: Colorado Governor Unentitled to Eleventh Amendment Immunity on Claim Related to DOC Religious Policies, Aug. 1, 2026
- Michigan Appeals Court: Witnesses Cannot be Forced to Wear Jail Clothes at Trial, Aug. 1, 2026
- Sixth Circuit Affirms Denial of State-Law Qualified Immunity in Scabies Case, Aug. 1, 2026
- Fourth Circuit Revives Disabled Prisoner’s Claim for Denial of Out-of-Cell Exercise Time, Aug. 1, 2026
- 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
- Florida Supreme Court Announces Rule 3.170(f)’s Good-Cause Plea-Withdrawal Standard Does Not Apply at Post-Appeal Resentencing, April 1, 2026
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.
- Delaware’s Lack of Prison Healthcare Oversight, Sept. 1, 2026. Contractor Misconduct, Corrections Audits, Systemic Medical Neglect, Private Contractors, Grievances.
- 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.
- 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.
- 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.
- Fifth Circuit Upholds Dismissal of Suit by Civilly Committed Texan, Dec. 1, 2025. Sex Offenders (Discrimination), Conditions of Confinement, Complaints, Grievances, Civil Commitment.
- 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.