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Fifth Circuit: Staff Misleading Prisoner about Grievance Process Excuses Failure to Exhaust

Loaded on March 9, 2017 by Matthew Clarke published in Prison Legal News March, 2017, page 54
Filed under: Guard Misconduct, Jail Misconduct, Administrative Exhaustion (PLRA), Administrative Exhaustion, Grievances. Location: Texas.

On August 17, 2015, the Fifth Circuit Court of Appeals held that a Texas prisoner’s failure to fully exhaust administrative remedies was excused because jail staff had misled him about grievance procedures.

Grady Allen Davis was being held at the Dallas County Jail when guards allegedly used excessive force against ...

 

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  1. Ohio Pays More Than $9.6 Million to Three Men Wrongfully Convicted in 1975 Murder, by Lonnie Burton
  2. Federal Transgender Prisoner Allowed to Wear Feminine Clothing at Video Trial
  3. New Jersey: Jail Time for Unpaid Littering Fine Results in Civil Suit
  4. Fifth Circuit Holds Court May Compel Attorney to Represent Indigent Prisoner, by Matthew Clarke
  5. Texas Court of Appeals Upholds Termination of Prisoners’ Parental Rights
  6. Colorado: Demonstrators Clash with Police over Seizure of Jury Nullification Pamphlets, by Joe Watson
  7. Prisoner Suicides and Attempts Increasing in Texas, by Matthew Clarke
  8. Attorneys with Disciplinary Records Part of Flaw in Pennsylvania’s Death Penalty System, by David Reutter
  9. Louisiana’s High Incarceration Rate Economically Motivated, by David Reutter
  10. Fifth Circuit: Staff Misleading Prisoner about Grievance Process Excuses Failure to Exhaust, by Matthew Clarke
  11. New Jersey Appellate Court Modifies Use of Polygraphs for Paroled Sex Offenders
  12. Local Police Department Disbanded in Wake of Speed Trap Embezzlement Scheme, by Christopher Zoukis
  13. The Financial Firm that Cornered the Market on Jails, by Arun Gupta
  14. Ohio: Garnishment from Exempt Funds in Prison Account States Mandamus Claim
  15. Despite Lack of State License, ICE Family Detention Center Continues Operating
  16. Settlement in Baltimore Prison Conditions Class-action Suit
  17. Defense Attorneys Seek Access to DNA-Matching Software’s Source Code, by Matthew Clarke
  18. Texas District Attorney and Prosecutor Accused, Cleared of Misconduct, by Matthew Clarke
  19. Prisoner’s Escape from Illinois Jail Aided by Former Guard, Incompetence, by Christopher Zoukis
  20. Jailers in California, Georgia Acquitted of Abusing Prisoners, by Matthew Clarke
  21. Philadelphia Prison Guards Face Prison Time for Contraband Smuggling
  22. Rikers Island Guard Trainers Lose Lawsuit for Failure to Repay Loan
  23. Arkansas Judge Resigns after Sexual Favors Allegations
  24. Peanut Company Executives Appeal Prison Sentences in Rare Corporate Prosecution, by Christopher Zoukis
  25. Michigan Jail Prisoner’s Family Sues over Death after Beating by Guards
  26. Tenth Circuit Reverses Qualified Immunity for Prisoner’s Rape, Affirms for One Jailer
  27. Prisoners Say They Paid a Bloody Price for a Guard’s Injury, by Tom Robbins
  28. Australia, New Zealand and UK Have Higher Proportion of Prisoners in Private Prisons
  29. Overcrowding in Arkansas Prisons, Jails Spurs Call for Reforms, by David Reutter
  30. Georgia: Dozens of Indictments for Prison Contraband Smuggling, by David Reutter
  31. Youths Still Dying in Florida Juvenile Detention Centers from Abuse, Neglect, by David Reutter
  32. Georgia Prisoner Caught Sneaking into Prison Charged with Escape
  33. Michigan Prison Officials Held in Contempt for Violating Ramadan Order, by David Reutter
  34. Study Examines Professional License Restrictions for Ex-offenders, by Derek Gilna
  35. Federal Strikes Do Not Count as Strikes for Georgia PLRA
  36. Delaware Prisoners Demand Education, Rehabilitation, by Monte McCoin
  37. $60,000 for Nevada Prisoner Forced to Remove His Own Teeth, by Derek Gilna
  38. Chicago Pays $4.95 Million to Family of Prisoner Who Died After Police Beating, by Lonnie Burton
  39. Red Light Traffic Camera CEO Sentenced for Corruption in Ohio and Illinois
  40. Ban the Box Movement Spreads to More States, Municipalities
  41. New York Prisoner’s $150,001 Judgment Reversed Due to Hearsay Evidence
  42. Judge Orders Missouri DOC to Disclose Names of Pharmacies that Supply Execution Drugs; Appellate Court Reverses, by Lonnie Burton
  43. Medicare Penalties Await Released Prisoners Who Apply After Age 65, by Derek Gilna
  44. $1.5M Settlement in Oklahoma Jail Beating, by Lonnie Burton
  45. PCI Announces 2016 Awards for Private Prison Activism, Advocacy and News Reporting
  46. Tragic Justice: Wrongfully Convicted Prisoners Die Shortly After Exoneration, by Matthew Clarke
  47. The Violent American Epidemic You Won’t Hear About: Why Prison Abuse Goes Unreported and Unpunished, by Daniel Denvir
  48. When an Old Law Makes it Hard to Fix a Troubled Jail, by Alysia Santo
  49. Obama Sets Record for Commutations Granted, and for Those Denied, by Derek Gilna
  50. Federal Court Certifies Class in Texas Prison Excessive Heat Lawsuit, by Matthew Clarke
  51. From the Editor, by Paul Wright
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  53. News in Brief

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