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Merits Ruling on Procedurally Flawed Grievance Satisfies PLRA

Loaded on Dec. 8, 2016 published in Prison Legal News December, 2016, page 44
Filed under: Guard Misconduct, Medical Misconduct, Failure to Treat, Administrative Exhaustion (PLRA), Guard Brutality/Beatings, Administrative Exhaustion, Grievances. Location: Georgia.

The Eleventh Circuit Court of Appeals has held that district courts may not enforce a prison’s procedural rule to find a failure to exhaust administrative remedies after prison officials declined to enforce the rule themselves. The Court also found the district court failed to undertake the proper two-step process to ...

 

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  1. “This Man Will Almost Certainly Die”
  2. Missouri County Settles Suit Over Jail Prisoner’s Suicide for $260,000
  3. Heck Satisfied if Ruling Fails to Address Issues but Reverses Conviction
  4. Reforms at New Orleans Jail Slow to Materialize; Death Reporting Problematic, by David Reutter
  5. Michigan Prison Guards Fired Following Suicide Bet
  6. Pennsylvania: DA Apologizes for Undisclosed Gifts
  7. Private Jail Contractor’s Insurance Excludes Coverage of Detainee’s Death
  8. South African Prison Evacuated Due to Squalor; Two Prisoners Die from Rat-Borne Disease, by Christopher Zoukis
  9. Photo of Prisoner Beaten by Georgia Gang Members Posted Online
  10. Tennessee Sheriff’s Willful Denial of Public Records Merits PLN Attorney Fee Award
  11. Wardens “Retire” from Two California Women’s Prisons
  12. Ferguson, Missouri Under Fire for Revenue-based Criminal Justice System, by Christopher Zoukis
  13. Tennessee District Attorney Ends Sterilization in Plea Bargains; Prosecutor Fired, by David Reutter
  14. Another Appeal in New York Post-Release Supervision Case, by Matthew Clarke
  15. Former Warden, Sheriff, Justice of the Peace Charged in Texas Corruption Scandal, by Matthew Clarke
  16. Corrections Officials Stealing Prisoners’ Identities a Growing Problem, by Christopher Zoukis
  17. Corizon Faces Suit for Failing to Administer Tube Feedings to Pennsylvania Prisoner
  18. Tenth Circuit Rules on $3.38 Million Verdict in CCA Prison Sexual Abuse Case, by Derek Gilna
  19. Corizon, CCA Settle Lawsuit Over Solitary Confinement of Elderly Woman, by Matthew Clarke
  20. New Study Documents Lower Pre-arrest Incomes for Prisoners, by Derek Gilna
  21. Are French Prisons Radicalizing Muslim Prisoners?, by Joe Watson
  22. Prison Survival Guides Find Audience Beyond Soon-to-be Prisoners, by Derek Gilna
  23. Merits Ruling on Procedurally Flawed Grievance Satisfies PLRA
  24. Father of Four Dies in Privately-operated Texas Jail; Civil Suit Expected
  25. Phoenix Fire Investigators and Insurance Company Implicated in Wrongful Prosecutions, by Joe Watson
  26. Missouri: Habeas Corpus Granted to Prisoner Denied Jail Credit
  27. If the Risk is Low, Let Them Go
  28. California Prison Employees Reap Staggering Overtime Payments, by Christopher Zoukis
  29. Attica Prison Guards Who Viciously Beat Prisoner Avoid Jail Time but Lose Jobs
  30. Fifth Circuit Holds Louisiana Prisoner May Sue Over Failure to Credit Good Time , by Matthew Clarke
  31. $500,000 in Settlements after Utah Prisoner Dies when Medical Technician Doesn’t Show up for Work, by Christopher Zoukis
  32. Missouri Governor Doesn’t Have to Serve as Public Defender
  33. More Suicides, Overdoses and Murders in California Prisons, According to Death Review Report, by Joe Watson
  34. Ninth Circuit Declines to Enforce Procedural Bar When Prison Officials Waive Rule
  35. Prison Rodeos: A Bunch of Bull?, by David Reutter
  36. New Mexico County Officials Settle Jail Prisoner’s Suit for $750,000
  37. Ninth Circuit Adopts Test to Excuse Exhaustion of Administration Remedies for Retaliatory Threats
  38. Connecticut Prisoners File Suit Over Exposure to Radon Gas, by Panagioti Tsolkas
  39. Prominent Texas Capital Defense Attorney Suspended for a Year
  40. Potential Class-action Suit over Domestic Violence “Victim Fees” in Georgia
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  43. From the Editor, by Paul Wright
  44. News in Brief

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