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Fifth Circuit Holds Prison Officials Need Not be Named in Grievances
Loaded on Jan. 10, 2015
by Matthew Clarke
published in Prison Legal News
January, 2015, page 54
Filed under:
Administrative Exhaustion (PLRA),
Administrative Exhaustion.
Fifth Circuit Holds Prison Officials Need Not be Named in Grievances
by Matt Clarke
On November 15, 2013, in an unpublished decision, the Fifth Circuit Court of Appeals reversed the summary dismissal of a Texas prisoner’s civil rights action, holding that he did not have to name …
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More from this issue:
- When Halfway Houses Pose Full-Time Problems, by Derek Gilna
- Prison Legal News Prevails in Tennessee Public Records Suit in Spite of Sheriff’s Antics
- “Ban the Box” Campaigns Seek to End Discrimination Against Formerly Incarcerated College Applicants, by Victoria Law
- Pennsylvania’s Megan’s Law Struck Down, Some Prisoners Released, by David Reutter
- Colorado Prisoner Sues Security Guard Who Sexually Abused Her Moments after Giving Birth
- News in Brief
- Florida Supreme Court: Review of Parole Commission Revocation Order Limited, by David Reutter
- Fifth Circuit Holds Prison Officials Need Not be Named in Grievances, by Matthew Clarke
- Georgia: Mandamus Available to Compel Law Library Access, by David Reutter
- Malpractice Suit Proceeds against Michigan Defense Attorney in Wrongful Conviction Case, by David Reutter
- The Globalization of Supermax Prisons, edited by Jeffrey Ian Ross (Rutgers University Press, 2013). 240 pages, $28.95 paperback, by Gary Hunter
- Jail Closes “God Pod,” Agrees to Accommodate Muslim Prisoners
- California Parole Term Not Shortened by Improper Parole Denial, by Mark Wilson
- Introduction of Nolo Plea to Challenge Prisoner’s Credibility was Error, by David Reutter
- Ohio DOC Director Wants Return to Stricter Law after 2012 Spike in Positive Drug Tests
- Florida Court of Appeals: Prison Guards Can Raise “Stand Your Ground” Defense, by Matthew Clarke
- Fifth Circuit: Sleep Deprivation May Violate Eighth Amendment, by Matthew Clarke
- West Virginia Public Defender Disbarred for Child Prostitution “Hoax”
- $145,000 Settlement for U.S. Citizen Held on Immigration Detainer due to Racial Profiling
- Prisoner’s Request for Medical Care after Signing Refusal Form Precludes Summary Judgment, by David Reutter
- Investigation Finds that Money Stolen from Oregon Prison Wasn’t Really Stolen, by Joe Watson
- America’s Prisons: A Road to Nowhere, by Ben Notterman
- RLUIPA Explained in Tenth Circuit Decision re Denial of Sweat Lodge Access, by David Reutter
- Consent Decree and Remedial Plan End Lawsuit Challenging Conditions in Illinois Juvenile Facilities, by Matthew Clarke
- Tennessee Man Sues for Placement in Women’s Facility for Three Years
- Tenth Circuit: No Qualified Immunity for Juvenile Restraint Chair Punishment, by Mark Wilson
- CCA Board Member Steps Down from Open Government Organization
- Virginia Prison’s Policy Requiring Physical Indicia of Faith for Religious Sincerity Held Unconstitutional; Suit Settles for $3,795, by David Reutter
- Florida Death Row Prisoner Entitled to Prison and Medical Records, by David Reutter
- State Appellate Costs Improper on Washington PRP Dismissal, by Mark Wilson
- Texas Prison Population Drops as Guard Shortage Persists, by Matthew Clarke
- Federal Court Orders Colorado to Provide Outdoor Recreation to Supermax Prisoner, by Matthew Clarke
- Admission of Jail Disciplinary Records at Criminal Trial May Violate Confrontation Clause, by David Reutter
- Oklahoma Supreme Court Remands Consolidated Sex Offender Registration Case, by Shepherd Litsey
- From the Editor, by Paul Wright
- Controversy, Criticism Plague Brooklyn Halfway House, by Derek Gilna
More from Matthew Clarke:
- Federal Court Grants HRDC Preliminary Injunction Against Mail Censorship at New Mexico Jail, May 1, 2026
- Faced with Record-Breaking Jail Deaths, L.A. County Supervisors Tell Sheriff’s Department to Improve Access to Naloxone, Camera Monitoring, and Security Checks at California Jail, May 1, 2026
- Federal Court Places Medical Care in Arizona Prisons Under Receivership, May 1, 2026
- Seventh Circuit Upholds Liability but Reverses Damages in Lawsuit Over Illinois Warden and Investigator Using Prisoner as Bait to Catch Staff Member Raping Her, May 1, 2026
- Texas Moves to Restrict Cashless Bond and Reverse Federal Court-Ordered Misdemeanor Bail Reform, May 1, 2026
- In Texas, Harris County Commissioners Approve $1.2 Million for Fourth Study of Jail Since 2020 After Dozens of Abuse Allegations, April 1, 2026
- Texas Attorney General Clarifies Scope of Statute Requiring Outside Agency Investigation of Jail Deaths, April 1, 2026
- D.C. Judge Blocks Transfer of Biden-Commuted Federal Death Row Prisoners to “Supermax,” Citing Lack of Meaningful Due Process, April 1, 2026
- Eighth Circuit Revives Lawsuit Over Iowa Jail Detainee’s Suicide, April 1, 2026
- Groundbreaking Statistical Study of Pregnant Texas Jail Detainees Finds Over 400 Monthly, April 1, 2026
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).
- Ohio Supreme Court Awards Prisoner $1,000 for Denied Records Request, April 1, 2026. Administrative Exhaustion (PLRA), Damages, Public Records, Public Records Act.
- Kentucky Supreme Court Clarifies Parole Board May Delegate Final Revocation Hearings to Administrative Law Judges but Holds Due Process Requires Parolees Be Permitted to File Exceptions to ALJ Findings Before Board Renders a Final Revocation Decision, April 1, 2026. Administrative Exhaustion, Fourteenth Amendment, rights, Revocation/Modification of Probation, etc., Revocation Proceedings, Authority and Jurisdiction.
- 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.
- Montana Supreme Court: Due Process Prohibits Courts From Relying on Unproven Charging Allegations When Imposing Sex Offender Registration Duty, Announces First-Impression Rule Limiting Review to Elements of Conviction, March 1, 2026. Sex Offender Registration, Administrative Exhaustion, Fourteenth Amendment, rights, Qualifying Offenses, Acquitted Conduct/Uncharged Crimes/Dismissed Counts.
- 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.
- 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.
- Ninth Circuit Finds No Bivens Extension Needed for Federal Prisoner Prescribed Water and Exercise for Thyroid Storms, Nov. 1, 2025. Systemic Medical Neglect, Administrative Exhaustion (PLRA), Civil Rights Actions or Offenses/Bivens Actions, Deliberate Indifference, Prison Litigation Reform Act (PLRA).