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Seventh Circuit Reiterates That Threats and Withholding Grievance Forms Render Administrative Remedies Unavailable to Prisoner

Loaded on July 15, 2022 by Mark Wilson published in Prison Legal News July, 2022, page 32
Filed under: Retaliation for Filing Grievances, Failure to Protect (General), Eighth Amendment. Location: Indiana.

by Mark Wilson

On January 24, 2022, the U.S. Court of Appeals for the Seventh Circuit vacated the dismissal of a federal prisoner’s suit and remanded the case to the district court, after finding that prison officials failed to carry their burden of proof that administrative remedies were actually available ...

 

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  1. Suit Over California Detainee’s Suicide Survives Corporate Shell Game by Wellpath and HIG Capital, by Jacob Barrett
  2. Seventh Circuit Reiterates That Threats and Withholding Grievance Forms Render Administrative Remedies Unavailable to Prisoner, by Mark Wilson
  3. Federal Courts Order Seizure of Canteen Funds for Restitution Owed by High-Profile Prisoners, by David M. Reutter
  4. Federal Court Upholds and Monitors Requirement for Tennessee Jail to Provide COVID-19 Vaccination for Detainees, by David M. Reutter
  5. “The Worst Kind of Work” Thai Prisoners Forced into Labor, Often Without Pay, by Edward Lyon
  6. Washington DOC Ends Use of Solitary Confinement (Sort of), by Jacob Barrett
  7. Supreme Court Passes on Case of New York Sex Offender Imprisoned Past Release Date for Lack of Compliant Housing, by Jory Smith, Chuck Sharman
  8. The Catalog of Carceral Surveillance: Monitoring Online Purchases of Inmates’ Family and Friends, by Beryl Lipton, Cooper Quintin
  9. Eighth Circuit Reinstates Arkansas Prisoner’s Claim Over DOC’s Failure to Maintain Hearing Aids, by Matthew Clarke
  10. Class of Juvenile Prisoners Certified in Suit Against Florida DOC, by Kevin Bliss
  11. Sixth Circuit Reinstates Suit of Kentucky Jail Detainee Impregnated by Guard, Finds Genuine Factual Dispute Over Consent, by Matthew Clarke
  12. Former Arizona Corrections Chief Indicted After Drunken Armed Standoff with Tempe Police, by Jo Ellen Nott
  13. The Impact of Criminalizing Abortion on Prisoners and Mass Incarceration, by Paul Wright
  14. California Court Rules Bail Bond Companies Must Give Cosigners Financial Impact Notice, by David M. Reutter
  15. Virginia DOC’s Interference Hamstrings Local and Regional Jail Board, by Kevin Bliss
  16. Oregon Nurse Federally Charged With Raping Prisoners After State Prosecutors Declined to Prosecute, by Mark Wilson
  17. $1 Million Paid After Indiana Jailers Fatally Beat and Taser Detainee, But Prosecutor Finds No Crime, by Benjamin Tschirhart, Keith Sanders
  18. “One of the Most Egregious Violations of Church-State Separation” Prisons Welcome Fundamentalist Christian Education Programs Despite Conflicts with the Constitution, by Jacob Barrett
  19. Illinois Counties Fail in Challenge to State Statutory Ban on ICE Detention Contracts, by Matthew Clarke
  20. Federal Judge Allows Wiretapping Case to Proceed Against CoreCivic for Recording Attorney-Client Conversations at Nevada Prison, by Kevin W. Bliss
  21. BOP Guard Terminated for Making Prisoner Do His Work, Union Blames Staff Shortages, by Casey Bastian
  22. Eighth Circuit Pulls BOP’s Hand Out of Prisoner’s Pocket Accumulated Prison Wages Not “Substantial Resources” Under Mandatory Victim Restitution Act, by Casey Bastian
  23. Massachusetts Supreme Court Continues Trend of Easing Prison COVID-19 Protocols, by Edward Lyon
  24. Seventh Circuit Clarifies Calculation of Presumptive Parole Date for Federal Prisoner Sentenced Under Pre-1987 Law, by Anthony W. Accurso
  25. COVID-19’s Impact on Prisoners Far Worse Than It Needed to Be, by Edward Lyon, Kevin Bliss
  26. After Lengthy HRDC Litigation, GEO Group Gives Up Documents Revealing $10 Million Settlement for Death of Texas Prisoner, by Matthew Clarke
  27. $150,000 Class-Action Settlement Reached Over Massive Scabies Outbreak at CoreCivic Tennessee Jail, by Jacob Barrett
  28. Supreme Court of Kansas: Lower Court Did Not Have Authority to Revoke Probation Without a Warrant, by David M. Reutter
  29. Oregon Judge Invalidates Governor’s Clemency Grant to Dozens Sentenced to Life as Juveniles, Halting Parole Hearings, by Mark Wilson
  30. Nebraska Prison Staffing Crisis Sees Supervisors Take Demotions to Get Hourly Overtime Pay, by Kevin Bliss
  31. News in Brief
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  34. Lawsuits Filed Over Withheld Pain Medications That Left Ailing New York Prisoners in Agony, by Edward Lyon
  35. $3.8 Million Paid for Michigan Detainee’s Death from Alcohol Withdrawal After Sixth Circuit Affirms Denial of Summary Judgment to Jailers for Deliberate Indifference, by Mark Wilson
  36. “Join Me in Holding Your Nose” Federal Judge Reluctantly Okays $750,000 Settlement in Ohio Pre-Trial Detainee’s Excessive Force Suit, by Keith Sanders
  37. Class Certified in Discrimination Suit by Deaf and Hearing-Impaired Georgia Prisoners, by Mark Wilson
  38. Court Bars Electroshock Therapy for Incompetent California Prisoner Without Considering Whether He Would Consent If Competent, by Jacob Barrett
  39. Guards Saluting Fascism on the Job—Literally, by Edward Lyon
  40. $805,000 Paid by Washington to Former Detainees at Juvenile Camp, But Sex Abuse Charges Dropped against Counselor
  41. Russia Drops Charges Against Prison Torture Whistleblower, by Edward Lyon
  42. Eleventh Circuit Reinstates Florida Detainee’s Excessive-Force Claim Against Cop Who Sucker-Punched Him in Cell, by Kevin Bliss
  43. California Supreme Court Rules Proposition 57 Early Parole Review May be Denied for Any Violent Felony Conviction, Even If Not “Primary Offense”, by Douglas Ankney
  44. Mission Creep: Prison Telecoms Scramble to Extend Their Reach, by Alan Prendergast
  45. From the Editor, by Paul Wright
  46. U.S. Marshals Service Inspectors Find D.C. Central Jail Not Meeting Federal Detention Standards, by Casey Bastian
  47. $405,000 Paid to Prisoner Disabled and Left Untreated at LaSalle-Managed Louisiana Jails, by Anthony W. Accurso
  48. Maryland Strips Governor’s Power to Overturn Parole Decisions, by Ashleigh Dye

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