×
You've used up your 3 free articles for this month. Subscribe today.
Ninth Circuit: New Suit Not Required After Curing Failure to Exhaust Administrative Remedies
by David M. Reutter
On May 23, 2022, the U.S. Court of Appeals for the Ninth Circuit held that a prisoner whose complaint was dismissed for failure to exhaust administrative remedies need not file a new suit after completing that task. Rather, a supplemental pleading is sufficient, the …
Full article and associated cases available to subscribers.
As a digital subscriber to Prison Legal News, you can access full text and downloads for this and other premium content.
Already a subscriber? Login
More from this issue:
- ‘Plainly Grossly Inadequate’: Federal Court Finds Arizona Prison Healthcare Deliberately Indifferent to Prisoners’ Risk of Serious Harm, by Matthew Clarke
- Settlement Extended Again After Federal Judge Faults California Prisons for Using Snitches in Solitary and Parole Procedures, by Jacob Barrett
- From the Editor, by Paul Wright
- Oregon Supreme Court Holds Corizon Health and Other Jail Contractors Liable Under State Disability Rights Laws, by Mark Wilson
- Colorado Prisoner Targeted by Gangs Wins Injunction for Placement in Protective Custody, by David Reutter
- Eighth Circuit Strands Missouri Prisoners Sentenced to Life Without Parole as Juveniles in ‘Opaque’ Review Process, by Douglas Ankney
- Cages in the Coalfields, by Judah Schept
- Eleventh Circuit Says No PLRA ‘Strike’ for Dismissal of Case Removed From State to Federal Court, by David Reutter
- Federal Judge Says Alaska DOC Policy Rejecting Prisoner Mail Without Notice Violates Due Process, by Mark Wilson
- Eighth Circuit Says Judge Dismissing Claim of Federal Prisoner in Arkansas Was Premature in Counting It a PLRA ‘Strike’, by Matthew Clarke
- North Carolina Prisoners Languish Without Air Conditioning, by Kevin Bliss
- Ninth Circuit Tells Nevada DOC: ‘Wait and See’ Prisoner Medical Care Can’t Become ‘Deny and Delay’, by David Reutter
- $2.57 Million Settlement for Hogtying Death in NC Police Custody, by Eike Blohm, MD
- Class Certified in ‘Orange Crush’ Shakedown Lawsuit by Illinois Prisoners, by David Reutter
- Fourteen Officials Indicted in New Jersey Women’s Prison Abuse Scandal, $21 Million Class-Action Settlement Reached, by Ashleigh Dye
- Pennsylvania County Retakes Control of Jail From GEO Group, by Keith Sanders
- Prisoners Awarded Damages for Denial of Public Records by Ohio Prison Officials, by David Reutter
- Tenth Circuit Revives Suit Against Colorado Jail Guard in Death of Mentally Disabled Detainee, by David Reutter
- California Pays $3.5 Million to Settle Suit Over State Prisoner’s Murder, by Ashleigh Dye
- LGBTQ Adults and Youth Face Criminalization and Over-Incarceration, by Jacob Barrett
- Former South Carolina Deputy Gets 18 Years for Driving Transport Van With Two Detainees Into Flood, Drowning Them, by Ashleigh Dye
- Excess Prisoner-Made Hand Sanitizer Costing N.Y. Taxpayers Millions to Dispose Of, by David Reutter
- $54,000 Award for Georgia Prisoner in Failure-To-Protect Lawsuit, by David Reutter
- After Sixth Circuit Stops Attempted End-Run Around Rules, Former Kentucky Jail Detainee Settles Suit Against Southern Health Partners, by Kevin Bliss
- CDCR’s Medication Assisted Treatment Program for Substance Abusers is a Resounding Success, by Matthew Clarke
- Former Deputy Warden Gets Two Years for Assaulting Mississippi Prisoner, by Kevin Bliss
- New Policy Banning Care Packages Makes Life Harder for N.Y. Prisoners, by Jayson Hawkins
- South Carolina Death Row Doctor Breaks Silence About Years of Executions, by Ashleigh Dye
- New York City Jails Admit Illegally Recording Over 2,200 Attorney-Client Phone Calls, by Anthony Accurso
- Texas Commission on Jail Standards Finds Unacceptable Conditions in Nueces County Jail, by Benjamin Tschirhart
- Disgraced Virginia Sheriff Gets 12 Years for Bribery and Corruption, by Ashleigh Dye
- Texas Prisoner Killed After Wounding Guard in Escape and Killing Family While on the Run, by Matthew Clarke
- Ninth Circuit Denies Qualified Immunity to Doctor and Nurses at California Jail Who Treated Detainee’s Ruptured Aorta With Pepto Bismol, by David Reutter
- Idaho Lowers Cloak of Darkness Over Execution Protocols, by Douglas Ankney
- ‘Good Time’ Credit Policy Wrongly Under Attack in Alabama, by Jo Ellen Nott
- ACH Settles After Federal Jury Awards $8.5 Million in Suit Over Missouri Detainee’s Death, by Benjamin Tschirhart
- Nevada Supreme Court: DOC Owes Parolee Credit for Any Days Over 60 Awaiting Revocation in Prison, by Matthew Clarke
- Ninth Circuit: Prisoner Filing a New Grievance That Makes New Claims Does Not Render Previous Grievance ‘Unexhausted’, by David Reutter
- $3.7 Million in Attorney Fees Paid to Settle COVID-19 Class-Action at Orange County Jail, by Jacob Barrett
- Federal Jury Awards $30,501 to Indiana Prisoner in Retaliation Lawsuit, by David Reutter
- Federal Government Pays $300,000 for Endangering Diabetic Prisoner With ‘Dramatically’ Subpar Care, by Benjamin Tschirhart
- Arkansas Supreme Court Rules Felony Enhancements Subject to Parole Eligibility Statute in Place at Time of Crime, by Jacob Barrett
- COVID-19 Stimulus Garnished From Federal Prisoner, but Only After Eighth Circuit Says ‘Not So Fast’, by David Reutter
- Ninth Circuit: New Suit Not Required After Curing Failure to Exhaust Administrative Remedies, by David Reutter
- Third Guilty Plea Entered in Massive Aryan Brotherhood Drug Conspiracy in California Prisons, by Jo Ellen Nott
- Settlement Reached in COVID-19 Class Action Against DC Jail, by Kevin Bliss, Jayson Hawkins
- News in Brief
More from David Reutter:
- Sixth Circuit Announces State-Law Exceptions to Appeal Deadlines Preserve “Pending” Status Under AEDPA, Holding Belated-Appeal Procedures Toll Federal Habeas Limitations Period, April 1, 2026
- Florida Supreme Court Announces Rule 3.170(f)’s Good-Cause Plea-Withdrawal Standard Does Not Apply at Post-Appeal Resentencing, April 1, 2026
- Colorado Supreme Court Announces Defendant Must Be Competent Before Undergoing Mental-Condition Examination Under § 16-8-107(3)(b), April 1, 2026
- California Court of Appeal Announces Plea Agreements Cannot Bar § 1172.1 Resentencing, Holds Merit-Based Denial of Petition Is Appealable, April 1, 2026
- Georgia Supreme Court Clarifies That Failure to Object to Ineligible Juror Does Not Constitute Waiver Unless Party Knew or Could Have Discovered Ineligibility Through Ordinary Diligence, April 1, 2026
- Washington State Guard’s Conviction Affirmed in Self-Inflicted Gunshot Wound Scheme, March 1, 2026
- Massachusetts Supreme Judicial Court Holds Motion Judge Abused Discretion by Denying Evidentiary Hearing on IAC Claim Where Plea Counsel’s Affidavit Was Not Inherently Inconsistent With Colloquy Statements Regarding Immigration Advice, March 1, 2026
- Washington Supreme Court Clarifies Double Jeopardy Analysis for Multiple Assault Convictions, Holding That Assaultive Acts Occurring Over Short Time Period in Same Location Without Intervening Events Constitute Single Course of Conduct, March 1, 2026
- New Jersey Supreme Court Reverses Drug Convictions Under Cumulative Error Doctrine, Holding Combined Effect of Improper References to Television Series, Gun Violence, and Search Warrants Deprived Defendant of Fair Trial, March 1, 2026
- New York Court of Appeals Announces Coercive Police Tactics Compelling Suspect to Exit Home Constitute “Constructive Entry” Violating Payton, Holds Attenuation Analysis Applies to Third-Party Consent, March 1, 2026
More from these topics:
- Kentucky Supreme Court Clarifies Parole Board May Delegate Final Revocation Hearings to Administrative Law Judges but Holds Due Process Requires Parolees Be Permitted to File Exceptions to ALJ Findings Before Board Renders a Final Revocation Decision, April 1, 2026. Administrative Exhaustion, Fourteenth Amendment, rights, Revocation/Modification of Probation, etc., Revocation Proceedings, Authority and Jurisdiction.
- Montana Supreme Court: Due Process Prohibits Courts From Relying on Unproven Charging Allegations When Imposing Sex Offender Registration Duty, Announces First-Impression Rule Limiting Review to Elements of Conviction, March 1, 2026. Sex Offender Registration, Administrative Exhaustion, Fourteenth Amendment, rights, Qualifying Offenses, Acquitted Conduct/Uncharged Crimes/Dismissed Counts.
- Second Circuit Revives N.Y. Prisoner’s Suit Over Sing Sing Fire, 11 Other Prisoners Split $220,000 Settlement, Jan. 1, 2024. Failure to Protect (General), Fire Hazards, Administrative Exhaustion (PLRA), Summary Judgment, Evidentiary Ruling, Administrative Exhaustion.
- Florida Prisoners Not Required to File Rulemaking Petition to Satisfy PLRA Exhaustion Requirement, Jan. 1, 2024. Administrative Exhaustion (PLRA), Administrative Exhaustion, RLUIPA, Administrative Procedures Act (State), Right to Grow a Beard.
- Fourth Circuit: Federal Prisoner in North Carolina Making Rehabilitation Act Claim Must Exhaust Both BOP Grievance Process and Justice Department’s EEO Complaint Process, Aug. 15, 2023. Administrative Exhaustion, Grievances, Rehabilitation Act.
- Seventh Circuit: Postconviction Relief Petition Still Pending in Illinois Court 20 Years After Filing Entitles Petitioner to Seek Federal Habeas Relief Without First Exhausting State Remedies, Aug. 1, 2023. Habeas Corpus, Exhaustion of Remedies, Grounds for Relief.
- Seventh Circuit Allows Illinois Prisoner to Prove Administrative Remedy Was “Unavailable” in Double-Celling Complaint, June 15, 2023. Overcrowding, Administrative Exhaustion, Administrative Procedures Act (State).
- Ninth Circuit: Grievance Policy May Excuse Oregon Prisoner’s Failure to Exhaust Administrative Remedies, May 1, 2023. Administrative Exhaustion, Grievances, Exhaustion of Remedies.
- New Mexico Supreme Court Rules Both Prisoners and Nonprofit Plaintiffs Subject to Requirement to Exhaust Administrative Remedies, April 1, 2023. Administrative Exhaustion.
- Sixth Circuit Says Ohio Prisoner’s Lack of Tablet Access May Have Prevented Grievance Exhaustion, April 1, 2023. Administrative Exhaustion, Grievances, Electronically Stored Information, Access Devices.

