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Second Circuit: Ross Abrogates “Special Circumstances” Exhaustion Exception
Loaded on Oct. 10, 2017
published in Prison Legal News
October, 2017, page 56
The Court of Appeals for the Second Circuit reversed the non-exhaustion dismissal of a New York prisoner’s excessive force suit. Applying Ross v. Blake, 136 S.Ct. 1850 (2016) [PLN, July 2016, p.22], the appellate court held that no administrative remedies were “available” under the Prison Litigation Reform Act (PLRA) ...
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More from this issue:
- No-show Cops and Dysfunctional Courts Keep Cook County Jail Prisoners Waiting Years for a Trial, by Spencer Woodman
- Eighth Circuit Vacates Supervised Release Order Barring Wife from Contact with Husband, by Derek Gilna
- Victim-centered Sexual Abuse Investigations Abandon Concept of Neutrality, by David Reutter
- Study Shows “Ban-the-Box” Policies May Result in Racial Bias by Employers, by David Reutter
- Eleventh Circuit: Florida Prisoners Must be Provided Kosher Meals, by David Reutter
- Prisoner Labor Focus of Controversy in Texas, Alabama, by David Reutter
- Louisiana Parish Jails Lack HIV Treatment and Services
- Second Circuit: Ross Abrogates “Special Circumstances” Exhaustion Exception
- Seventh Circuit Dissent: “A Dog Would Have Deserved Better Treatment”, by Derek Gilna
- Prisoner Showed Good Cause for Extension of Time
- Seventh Circuit Reinstates Prisoner’s Lawsuit, Rejects District Court’s IFP Concerns, by Derek Gilna
- Eleventh Circuit: Procedural Dismissals do Not Count as Strikes Under the PLRA, by David Reutter
- Two Federal Courts Find Prison Gerrymandering Unconstitutional, by David Reutter
- South Carolina Prisoners’ Wage Grievances Not Subject to 15-day Deadline
- IRS Audit Prompts New Mexico County to Convert Bonds Used for ICE Facility, by Joe Watson
- Georgia Teen’s Suicide from Neglect Results in $1.7 Million Settlement
- Profiting Off Mass Incarceration: Detroit Pistons Owner Buys Private Prison Phone Company, by Brian Dolinar
- Private Probation Company Agrees to End Drug Testing Absent Court Order , by David Reutter
- Corizon Loses Indiana DOC Medical Contract Amid Lawsuits, by David Reutter
- Family Files Wrongful Death Suit Against County Jail in New York, by Derek Gilna
- Seattle Council Approves Protections for Renters with Criminal Records, by Nathalie Graham
- Louisiana Corrections Secretary: More Private Prisons Won’t Save Money
- Court Decision Favoring BOP Whistleblower Critical of BOP and OIG , by Derek Gilna
- State Closes Kentucky Jail for Failure to Properly Maintain Facility, by Derek Gilna
- Fourth Circuit Reverses Dismissal of Prisoner’s Failure to Protect Claim, by Christopher Zoukis
- Seventh Circuit Upholds Jury Award for Illinois Prisoner Beaten by Guards , by Derek Gilna
- Eighth Circuit Greenlights Jail Detainee’s Excessive Force Claim, but Loss at Trial Affirmed on Appeal, by Christopher Zoukis
- $60,000 Settlement in GEO Group Employee’s Sexual Harassment Case
- $200,000 Settlement for Restraint of Pregnant Prisoner after Ninth Circuit Vacates Summary Judgment
- Virginia Governor Grants Full Pardons to the “Norfolk Four”, by Christopher Zoukis
- Prisons, Jails Combat Smuggling by Shredding Mail, Requiring Fresh Underwear, by Christopher Zoukis
- Waging War on the Poor: Unpaid Fines Lead to Jail, by Christopher Zoukis
- TV Production Company has Friends in Low Places, by Christopher Zoukis
- Parole Remains Elusive for Virginia Prisoners, by David Reutter
- Compensation for Wrongful Convictions in Massachusetts Not Easily Obtained, by Christopher Zoukis
- HRDC Lawsuit: Kentucky DOC Guilty of Censorship, Violations of Due Process and Equal Protection
- DOJ Audit Rips Privately-operated Federal Facility; Trump Administration Presses Forward, by Derek Gilna
- Environmental Protection Agency Finally Recognizes Prisons in Screening Tool, by Panagioti Tsolkas
- Seventh Circuit: Rodent Infestation Claims Survive Summary Judgment
- Vermont Supreme Court Invalidates Sex Offender Probation Conditions
- Correctional Health Report Suppressed by Bush Administration Finally Released
- Electronic Monitoring Becomes More Widespread, but Problems Persist, by Derek Gilna
- Florida Lawmaker Visits Prisons, Audits Private Prison Contracts, by David Reutter
- Kansas Supreme Court: Four Years of Pretrial Detention too Long
- Misdemeanor Trespassing Arrest Leads to Permanent Impairment, by Christopher Zoukis
- Tattoo Recognition: Law Enforcement’s Newest Identification Tool, by David Reutter
- Former Mississippi DOC Commissioner, Co-defendants Sentenced in Massive Bribery Scheme
- From the Editor, by Paul Wright
- News in Brief
More from these topics:
- 46 New York Prisoners Accuse Guards of Beatings—Even Waterboarding, Aug. 15, 2024. Guard Misconduct, Guard Brutality/Beatings.
- Prisoner Admissions Soar at Massachusetts Psychiatric Lockup Plagued by Overcrowding and Violence, Aug. 15, 2024. Overcrowding, Guard Brutality/Beatings, Failure to Treat (Mental Illness).
- “Too brutal, too disgusting”: Prison Guards Flee as Working Conditions Worsen, Aug. 15, 2024. Failure to Protect (General), Overcrowding, Guard Brutality/Beatings, Guards/Staff, Assaults on Staff.
- Georgia Guard Fired, Charged With Setting Up Assault that Left Prisoner Dead, Aug. 15, 2024. Guard Misconduct, Guard Brutality/Beatings, Excessive Force (Wrongful Death).
- Missouri Warden, Four Guards Out After Prisoner’s Fatal Beating, Aug. 15, 2024. Guard Misconduct, Guard Brutality/Beatings, Excessive Force (Wrongful Death).
- “You Just Broke My Neck”: Ohio Detainee Sues Jail Where Guards Are Accused of Multiple Assaults, July 1, 2024. Guard Brutality/Beatings.
- Fifth Circuit: Texas Prisoner’s Declaration Alone Sufficient to Send PLRA Exhaustion Dispute to Trial, July 1, 2024. Administrative Exhaustion (PLRA), Summary Judgment, Summary Judgment/Judgment N.O.V., Prison Litigation Reform Act (PLRA).
- Missouri Muslim Prisoners Advance Suit Against Guards For Assault During Prayer, July 1, 2024. Religious Discrimination, Guard Brutality/Beatings, Pepper Spray/Tear Gas.
- Four BOP Guards Sentenced for Three Federal Prisoner Assaults at Kentucky Lockup, July 1, 2024. Guard Misconduct, Guard Brutality/Beatings.
- For Beating Handcuffed Prisoners, Former Alabama Guard Supervisor Gets 87 Months, July 1, 2024. Guard Misconduct, Guard Brutality/Beatings.