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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 …
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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
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- Delaware’s Lack of Prison Healthcare Oversight, Sept. 1, 2026. Contractor Misconduct, Corrections Audits, Systemic Medical Neglect, Private Contractors, Grievances.
- $280,000 Paid for South Carolina Detainee’s Death in Charleston Jail, Sept. 1, 2026. Private Contractors, Failure to Treat, Contractor Liability, Medical Neglect/Malpractice, Monell Liability.
- $5.4 Million Jury Verdict Against Riverside County in Suit Over Jail Fentanyl Death, Sept. 1, 2026. Failure to Treat, Drug Overdose, Failure to Protect (Wrongful Death), Monell Liability, Deliberate Indifference.
- Rising Deaths in Los Angeles County Jail Linked to Longer Stays, Sept. 1, 2026. Systemic Medical Neglect, Drug Overdose, Statistics/Trends, Suicides, Reduction of Prison Population.
- What 911 Calls Reveal About Jail Operations, Sept. 1, 2026. Systemic Medical Neglect, Statistics/Trends, Failure to Protect (General), Staffing, Staff Training.
- New Connecticut Law Changes PREA Standards, Sept. 1, 2026. Staff-Prisoner Assault, Failure to Protect (General), Administrative Exhaustion, Prison Rape Elimination Act, State Legislation.
- States Claim to Invest in “Humane” New Prisons— But Prisons Were Never Humane, Sept. 1, 2026. Retaliation for Organizing, Hunger Strikes, Protests, Failure to Treat, Immigration Detention.
- Isolation and Medical Neglect at Illinois’ Joliet Treatment Center Drive Prisoners to Set Fatal Fires, Sept. 1, 2026. Systemic Medical Neglect, Security Systems, Medical Neglect/Malpractice, Control Units/SHU/Solitary Confinement, Failure to Treat (Mental Illness).