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Second Circuit: Administrative Remedies Unavailable for Beating at Holding Facility
Loaded on May 5, 2016
published in Prison Legal News
May, 2016, page 34
Filed under:
Guard Brutality/Beatings.
Location:
New York.
The Second Circuit Court of Appeals held the defendants in a civil rights action failed to establish that a prisoner had an available administrative remedy for exhaustion purposes under the Prison Litigation Reform Act (PLRA).
After a New York federal district court granted summary judgment to the defendants, …
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More from this issue:
- Alabama Forced to Confront Criminal Justice Reform, by David Reutter
- Low Pay, Long Hours Fuel Increasing State Prison Staffing Problems, by Derek Gilna
- PLN Exclusive: Illinois Prisoner Exonerated, Released after Ten Years, by Derek Gilna
- How Prison Phone Calls Became a Tax on the Poor
- ACLU Report: Women Uniquely Harmed by Solitary Confinement, by Matthew Clarke
- UK Supreme Court Rules Against Unlawful Use of Solitary Confinement, by Christopher Zoukis
- Disputed PLRA Administrative Exhaustion Issues Properly Resolved in Bench Trial
- $8,000 Settlement for Medical Maltreatment by BOP; Court Finds Experts Not Required, by Derek Gilna
- Corrections Agencies Use Obamacare to Pay for Prisoners’ Medical Care, by Christopher Zoukis
- L.A. County Audit Recommends More Contract Oversight for Probation Department, by Derek Gilna
- Delaware Supreme Court Suspends Prosecutor for Misconduct, by Christopher Zoukis
- $15 Million Award for Prisoner Rendered Paraplegic Due to Medical Malpractice Affirmed, by David Reutter
- Florida’s Private Prison Movement Alive and Well, by David Reutter
- Audits Expose Irregularities in Iowa Prison System Spending, by Derek Gilna
- Seventh Circuit Reverses Dismissal of Ex-prisoner’s § 1983 Action Regarding Computer Disk, by Derek Gilna
- Lawsuit Claims Florida Teen Raped, Beaten in Prison Initiation Ritual
- Fourth Circuit Upholds Denial of Summary Judgment to Guards in Excessive Force Suit
- BOP Pays $70,000 to Settle Lawsuit by Sexually Abused Transgender Prisoner, by Derek Gilna
- $30,000 Settlement for New York Prisoner Assaulted by Guard
- California Supreme Court Rules in Prisoner’s Favor in Compassionate Release Denial, by Gary Hunter
- Nonviolent Michigan Offenders Can Seek Expungement Under New Law, by David Reutter
- Prisoner Rights Advocates Disappointed with Pace of Obama Clemency Initiative, by Derek Gilna
- Former U.S. Attorney General’s Legacy: Too Little, Too Late, by Derek Gilna
- Medically Unacceptable Biopsy States Eighth Amendment Claim
- Prisoners in Chicago Learn Skills, Improve Neighborhoods by Demolishing Vacant Homes, by Gary Hunter
- Report Documents U.S. Recidivism Rates for Federal Prisoners, by Christopher Zoukis
- California Jail’s Psychotropic Medication Policy Leads to Lawsuit, Settlement, by David Reutter
- Idaho Prison Population Drops, Out-of-State Prisoners Re-turned, by Christopher Zoukis
- Delaware Prisoners Sue DOC Alleging Sexual Assaults by Prison Doctor, by Christopher Zoukis
- Seventh Circuit: Former Parolee May Sue Over Delayed Release from Parole
- Hawaii Prisons Experience Security Failures, Other Troubling Incidents, by David Reutter
- Second Circuit: Truth of Arrest Remains Despite Connecticut “Erasure” Law, by Mark Wilson
- Second Circuit: Administrative Remedies Unavailable for Beating at Holding Facility
- BOP Recognizes Humanist Religion after Prisoner Files Suit, by Derek Gilna
- A “Quantum Leap” Isn’t Far Enough for the Prison Phone Industry, by Carrie Wilkinson
- Suit Filed Over New Hampshire DOC’s Restrictive Mail Policy
- Warden’s Decision to Quarantine Handicapped Person in Unaccommodated Cell Actionable; $200,000 Settlement
- Tennessee Sheriff’s Denial of Public Records Merits Attorney Fee Award
- Why is California Thumbing its Nose at a Federal Court?, by Caleb Mason
- New York: $35,000 Awarded for Three-week Illegal Confinement, by Mark Wilson
- Fourth Circuit Finds 20 Years in Solitary an Atypical and Significant Hardship, by David Reutter
- California’s Inspector General Cites Abuses at High Desert State Prison, by Derek Gilna
- $1,000 Jury Award in Texas Prisoner’s Excessive Use of Force Suit, by Matthew Clarke
- Ninth Circuit: Witnesses Cannot Refuse to Testify at Civil Trial
- Supreme Court Reverses SORNA Notification Requirement when Sex Offenders Move Overseas, by Derek Gilna
- Lawsuit Filed Over Death of Pepper-sprayed, Mentally Ill California Prisoner, by Gary Hunter
- From the Editor, by Paul Wright
- News in Brief
More from these topics:
- Atlanta Jail Boasts Improvements Since Consent Decree, Reports from Monitor and ACLU Are More Critical, May 1, 2026. Staffing, Sanitation, Guard Brutality/Beatings, Consent Decrees, Bail/Pretrial Release.
- Six Maryland Guards Convicted in Prisoner’s Beating, Cover-up; § 1983 Suit Filed, May 1, 2026. Guard Brutality/Beatings, 42 U.S. Code § 1983, civil action for deprivation of rights, Obstruction of Justice, Wrongful Use of Force, Evidence - Destruction/Fabrication/Manipulation of.
- Judge Denies New York Prison Chief’s Motion to be Dismissed from Case Related to Robert Brooks’ Murder, May 1, 2026. Work Strikes, Guard Brutality/Beatings, Failure to Train/Supervise, Police--Excessive Force, Deliberate Indifference.
- Sixth Circuit Revives Michigan Prisoner’s Challenge to Guard Tackle That Broke His Foot, March 1, 2026. Evidentiary Ruling (Disciplinary Hearings), Guard Brutality/Beatings, Summary Judgment, Qualified Immunity, Wrongful Use of Force.
- Differing Judicial Outcomes for the New York Guards Who Killed Robert Brooks, Feb. 1, 2026. Guard Misconduct, Guard Brutality/Beatings, Failure to Protect (Wrongful Death), Excessive Force (Wrongful Death), Pending Appeal/Sentencing.
- The New York Prison System’s Culture of Cruelty and Impunity, Feb. 1, 2026. Guard Misconduct, Racial Discrimination, Guard Brutality/Beatings, Restraints, Excessive Force (Wrongful Death).
- $404,000 Verdict for Ohio Prisoner Brutalized by Trio of Guards, Kept in Solitary for Two Years, Jan. 1, 2026. Retaliation for Filing Grievances, Retaliatory Segregation, Guard Brutality/Beatings, Pepper Spray/Tear Gas, Control Units/SHU/Solitary Confinement.
- Sixth Circuit Affirms Denial of Qualified Immunity for Michigan Jailer Accused of Retaliatory Assault, Jan. 1, 2026. Retaliation, Guard Brutality/Beatings, Qualified Immunity, 42 U.S. Code § 1983, civil action for deprivation of rights, Deliberate Indifference.
- One Guard Pleads Guilty, Another Receives Light Sentence in New York Prisoner’s Killing, Dec. 1, 2025. Guard Misconduct, Guard Brutality/Beatings, Excessive Force (Wrongful Death), Obstruction of Justice, Plea Agreements/Guilty Pleas.
- Record $42.75 Million Verdict in Louisiana Detainee’s Death in LaSalle Jail, Dec. 1, 2025. Guard Brutality/Beatings, Pepper Spray/Tear Gas, Contractor Liability, Failure to Train/Supervise, Deliberate Indifference.

