×
You've used up your 3 free articles for this month. Subscribe today.
Ninth Circuit Declines to Enforce Procedural Bar When Prison Officials Waive Rule
Loaded on Dec. 7, 2016
published in Prison Legal News
December, 2016, page 30
Filed under:
Systemic Medical Neglect,
Failure to Treat,
Administrative Exhaustion (PLRA),
Administrative Exhaustion,
Grievances.
Locations:
California,
United States of America.
In a January 12, 2016 decision, the Ninth Circuit Court of Appeals held that a prisoner successfully exhausts “such administrative remedies as are available” under the Prison Litigation Reform Act (PLRA) “despite failing to comply with a procedural rule if prison officials ignore the procedural problem and render a …
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:
- “This Man Will Almost Certainly Die”
- Missouri County Settles Suit Over Jail Prisoner’s Suicide for $260,000
- Heck Satisfied if Ruling Fails to Address Issues but Reverses Conviction
- Reforms at New Orleans Jail Slow to Materialize; Death Reporting Problematic, by David Reutter
- Michigan Prison Guards Fired Following Suicide Bet
- Pennsylvania: DA Apologizes for Undisclosed Gifts
- Private Jail Contractor’s Insurance Excludes Coverage of Detainee’s Death
- South African Prison Evacuated Due to Squalor; Two Prisoners Die from Rat-Borne Disease, by Christopher Zoukis
- Photo of Prisoner Beaten by Georgia Gang Members Posted Online
- Tennessee Sheriff’s Willful Denial of Public Records Merits PLN Attorney Fee Award
- Wardens “Retire” from Two California Women’s Prisons
- Ferguson, Missouri Under Fire for Revenue-based Criminal Justice System, by Christopher Zoukis
- Tennessee District Attorney Ends Sterilization in Plea Bargains; Prosecutor Fired, by David Reutter
- Another Appeal in New York Post-Release Supervision Case, by Matthew Clarke
- Former Warden, Sheriff, Justice of the Peace Charged in Texas Corruption Scandal, by Matthew Clarke
- Corrections Officials Stealing Prisoners’ Identities a Growing Problem, by Christopher Zoukis
- Corizon Faces Suit for Failing to Administer Tube Feedings to Pennsylvania Prisoner
- Tenth Circuit Rules on $3.38 Million Verdict in CCA Prison Sexual Abuse Case, by Derek Gilna
- Corizon, CCA Settle Lawsuit Over Solitary Confinement of Elderly Woman, by Matthew Clarke
- New Study Documents Lower Pre-arrest Incomes for Prisoners, by Derek Gilna
- Are French Prisons Radicalizing Muslim Prisoners?, by Joe Watson
- Prison Survival Guides Find Audience Beyond Soon-to-be Prisoners, by Derek Gilna
- Merits Ruling on Procedurally Flawed Grievance Satisfies PLRA
- Father of Four Dies in Privately-operated Texas Jail; Civil Suit Expected
- Phoenix Fire Investigators and Insurance Company Implicated in Wrongful Prosecutions, by Joe Watson
- Missouri: Habeas Corpus Granted to Prisoner Denied Jail Credit
- If the Risk is Low, Let Them Go
- California Prison Employees Reap Staggering Overtime Payments, by Christopher Zoukis
- Attica Prison Guards Who Viciously Beat Prisoner Avoid Jail Time but Lose Jobs
- Fifth Circuit Holds Louisiana Prisoner May Sue Over Failure to Credit Good Time , by Matthew Clarke
- $500,000 in Settlements after Utah Prisoner Dies when Medical Technician Doesn’t Show up for Work, by Christopher Zoukis
- Missouri Governor Doesn’t Have to Serve as Public Defender
- More Suicides, Overdoses and Murders in California Prisons, According to Death Review Report, by Joe Watson
- Ninth Circuit Declines to Enforce Procedural Bar When Prison Officials Waive Rule
- Prison Rodeos: A Bunch of Bull?, by David Reutter
- New Mexico County Officials Settle Jail Prisoner’s Suit for $750,000
- Ninth Circuit Adopts Test to Excuse Exhaustion of Administration Remedies for Retaliatory Threats
- Connecticut Prisoners File Suit Over Exposure to Radon Gas, by Panagioti Tsolkas
- Prominent Texas Capital Defense Attorney Suspended for a Year
- Potential Class-action Suit over Domestic Violence “Victim Fees” in Georgia
- Widespread Failures at Crime Labs Continue to Plague Criminal Justice System , by Derek Gilna
- Private Prison in Texas Closes after Riot Renders it Uninhabitable, by Matthew Clarke
- From the Editor, by Paul Wright
- News in Brief
More from these topics:
- He Died in a Florida Jail. The Company in Charge Should Have Sent Him to the Hospital, Experts Say., July 1, 2026. Armor Correctional Health Services, Systemic Medical Neglect, Medical Neglect/Malpractice.
- Eighth Circuit Revives § 1983 Complaint Alleging Jail Detainees’ Death from Stroke was Due to Deliberate Indifference and Failure to Train, July 1, 2026. Systemic Medical Neglect, Failure to Treat, Eighth Amendment, Failure to Train/Supervise, Deliberate Indifference.
- $25,000 Paid to Former New York Jail Detainee Subjected to Delayed Healthcare and Denied Mental Healthcare— Despite Seven Suicide Attempts, July 1, 2026. Failure to Treat, Conditions of Confinement, Mental Health, 42 U.S. Code § 1983, civil action for deprivation of rights, Deliberate Indifference.
- BOP Ordered to Restart Gender Affirming Care for Trans Prisoners, July 1, 2026. Medical, Conditions of Confinement, Administrative Exhaustion (PLRA), Transgender.
- Tenth Circuit Upholds $33 Million Jury Award in Suit Over Detainee’s Horrific Death in Oklahoma County Jail, July 1, 2026. Systemic Medical Neglect, Failure to Treat, Failure to Train/Supervise, Medical Neglect/Malpractice, Deliberate Indifference.
- Three Women Died at a Michigan Prison in Less than a Month, July 1, 2026. Systemic Medical Neglect, Failure to Treat, Medical Neglect/Malpractice, Failure to Treat (Mental Illness), Deliberate Indifference.
- Arizona Lawmakers Refuse to Fully Fund Prison Healthcare Staffing Ordered by Federal Court, July 1, 2026. Systemic Medical Neglect, Staffing, Injunctions, Contempt (Civil Procedure).
- Safety of “The Wrap” Restraint Device Questioned Amid Fatalities and Criticism From Medical Experts, July 1, 2026. Police Misconduct, Failure to Treat, Restraints, Police--Excessive Force, Federal Legislation.
- CoreCivic’s Long Record of Abuse and Neglect in Tennessee, June 1, 2026. Corrections Corporation of America/CoreCivic, Systemic Medical Neglect, Guard Brutality/Beatings, Medical Neglect/Malpractice.
- Over $2 Million Paid by Otero County and VitalCore Health Strategies for New Mexico Jail Suicide, June 1, 2026. Failure to Treat, Medical Neglect/Malpractice, Suicides, Immunity - Sovereign/Municipal, Deliberate Indifference.

