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Fifth Circuit Upholds Dismissal of Texas Prisoners’ Challenge to Pandemic Prison Conditions for Failure to Exhaust
Loaded on Sept. 1, 2022
by Matthew Clarke
published in Prison Legal News
September, 2022, page 44
Filed under:
COVID-19,
Conditions of Confinement,
Administrative Exhaustion (PLRA).
Location:
Texas.
by Matt Clarke
On March 9, 2022, the U.S. Court of Appeals for the Fifth Circuit affirmed the dismissal of a lawsuit challenging the adequacy of pandemic precautions taken by the Texas Department of Criminal Justice (TDCJ), holding that there was no exception for a pandemic emergency to …
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More from this issue:
- “Unconscionable and Unacceptable” Conditions in Georgia DOC With 57 Prisoners Murdered in Two Years, by Casey Bastian
- Settlement Delivers Huge Gains for Montana Prisoners with Mental Illnesses, by Kevin Bliss
- From the Editor, by Paul Wright
- Federal Court Puts Troubled Mississippi Jail in Receivership, by David Reutter, Keith Sanders
- Sixth Circuit Again Extends Kingsley Protections for Pretrial Detainees in Deliberate Indifference Claim Against Kentucky Jail, by David Reutter
- CoreCivic Workers Unionize and Go On Strike at Arizona Prison, by Benjamin Tschirhart
- Federal Court Says Illinois Statute Barring More Than One Sex Offender per Address Is Unconstitutional, by Matthew Clarke
- 17 States and DC Have Stopped Reporting Active COVID Cases Behind Bars, by Victoria Law
- The Catalog of Carceral Surveillance: Voice Recognition and Surveillance, by Beryl Lipton, Cooper Quintin
- Arizona Closing Prison, Moving Prisoners to CoreCivic Lockup, by Edward Lyon
- Tenth Circuit Revives Suit Against Oklahoma Jail for Medical Neglect Leading To Detainee’s Death, by David Reutter
- California Court Sides With Securus in Challenge to CDCR Contract, Dealing Only Temporary Setback to GTL, by David Reutter
- All Ohio Prison Guards to Wear Body Cams, by Keith Sanders
- Monkeypox: A Global Health Emergency, by Michael D. Cohen, MD
- SCOTUS Reinstates Boston Marathon Bomber’s Death Sentence, by Mark Wilson
- Nebraska Prison Staffing Crisis Sees Supervisors Take Demotions to Get Hourly Overtime Pay, by Kevin Bliss
- $1.1 Million Settlement Paid by Michigan County to Estate of Detainee Who Committed Suicide at Jail, by David Reutter
- U.S. Supreme Court Grants Texas Prisoner Religious Touch and Audible Prayer During Execution, by Matthew Clarke
- Fifth Circuit Upholds Dismissal of Texas Prisoners’ Challenge to Pandemic Prison Conditions for Failure to Exhaust, by Matthew Clarke
- California Appeals Court Says Prop. 57 Doesn’t Require In-Person Parole Hearings, by Kevin Bliss
- Oregon Appeals Court Okays Legal Change of Transgender Prisoner’s Name and Sex, by Jacob Barrett
- Fourth Circuit Says Virginia May Require Muslim Prisoner to Purchase Prayer Oil From Vendor Also Selling Pork and “Idols”, by Matthew Clarke
- Florida Now Digitizing Incoming Mail for State Prisoners, by Kevin Bliss
- $7,500 Settlement Reached for Assault in California Jail, by David Reutter
- Impact of Felons’ Voting Minimal, MIT Researchers Find, by Keith Sanders
- $1.375 Million Award in Hawaii Prisoner’s Suicide, by David Reutter
- Third Circuit: Federal Prisoner Exposed to Risk of Assault Cannot Collect Damages if One Didn’t Occur, by Casey Bastian
- Seventh Circuit Allows Wisconsin Prisoner to Amend Inartfully Pleaded Pro Se Complaint, by Matthew Clarke
- Florida Supreme Court Reinstates Prisoner’s Appeal That Was Dismissed for Lack of Prison Date Stamp, by David Reutter
- Indiana Caps Phone Rates in State Prisons and Jails, by Ashleigh Dye
- Senators Spank BOP Director on Last Day Before Replacement by Former Oregon DOC Director, by Jacob Barrett
- New York Lifts Blanket Internet Ban on Sex Offenders, by Jayson Hawkins
- Even as U.S. Jail Population Declines, Average Length of Stay Rises, by Ashleigh Dye
- Rhode Island Supreme Court Finds Lifer “Civil Death” Law Unconstitutional, by David Reutter
- Embattled Los Angeles County Sheriff, Brawling Over Closing Decrepit Jail, Accused of Ignoring Deputy “Gangs”, by Matthew Clarke
- $90,000 Paid to Settle Lawsuit Over Recorded Attorney-Client Calls at Wisconsin Jail, by Casey Bastian
- California Sheriff’s Pay-to-Play Scandal Reflects Nationwide Corruption Potential Documented in Watchdog Report, by Jayson Hawkins
- “Jailhouse Lawyer 360” Shut Down by California Bar, by Jayson Hawkins
- California Jail Enters Settlement Agreement Resolving DOJ Investigation into ADA Violations, by David Reutter
- Pennsylvania County Pays $147,500 to Jail Detainees Held in Solitary for Refusing To Cut off Dreadlocks, by Matthew Clarke
- News in Brief
More from Matthew Clarke:
- Federal Court Grants HRDC Preliminary Injunction Against Mail Censorship at New Mexico Jail, May 1, 2026
- Faced with Record-Breaking Jail Deaths, L.A. County Supervisors Tell Sheriff’s Department to Improve Access to Naloxone, Camera Monitoring, and Security Checks at California Jail, May 1, 2026
- Federal Court Places Medical Care in Arizona Prisons Under Receivership, May 1, 2026
- Seventh Circuit Upholds Liability but Reverses Damages in Lawsuit Over Illinois Warden and Investigator Using Prisoner as Bait to Catch Staff Member Raping Her, May 1, 2026
- Texas Moves to Restrict Cashless Bond and Reverse Federal Court-Ordered Misdemeanor Bail Reform, May 1, 2026
- In Texas, Harris County Commissioners Approve $1.2 Million for Fourth Study of Jail Since 2020 After Dozens of Abuse Allegations, April 1, 2026
- Texas Attorney General Clarifies Scope of Statute Requiring Outside Agency Investigation of Jail Deaths, April 1, 2026
- D.C. Judge Blocks Transfer of Biden-Commuted Federal Death Row Prisoners to “Supermax,” Citing Lack of Meaningful Due Process, April 1, 2026
- Eighth Circuit Revives Lawsuit Over Iowa Jail Detainee’s Suicide, April 1, 2026
- Groundbreaking Statistical Study of Pregnant Texas Jail Detainees Finds Over 400 Monthly, April 1, 2026
More from these topics:
- Texas Officials Testify That Cost to Air Condition Prisons Tops $1.5 Billion, May 1, 2026. Eighth Amendment, Exposure to Heat, Administrative Exhaustion (PLRA), Deliberate Indifference, Prison Litigation Reform Act (PLRA).
- Texas Moves to Restrict Cashless Bond and Reverse Federal Court-Ordered Misdemeanor Bail Reform, May 1, 2026. Conditions of Confinement, Money/Property, Bail/Pretrial Release, Civil Rights Actions or Offenses/Bivens Actions, Plea Agreements/Guilty Pleas.
- Uncounted COVID Deaths Reveal a Troubling Truth About Official Death Records, May 1, 2026. Racial Discrimination, Medical Records, COVID-19, Statistics/Trends, Databases.
- Ohio Supreme Court Awards Prisoner $1,000 for Denied Records Request, April 1, 2026. Administrative Exhaustion (PLRA), Damages, Public Records, Public Records Act.
- Eleventh Circuit: District Court Erred in Dismissing BOP Prisoner’s Medical Claim, Finds Prison Officials Made Administrative Remedies Unavailable, March 1, 2026. Systemic Medical Neglect, OB/GYN, Failure to Treat, Administrative Exhaustion (PLRA), Deliberate Indifference.
- New York Governor Pulls Plug on Prison Watchdog Funding, March 1, 2026. Guard Misconduct, Prison Reform, Conditions of Confinement, Guards/Staff, State Legislation.
- Utah Pushes for Additional $130 Million to Expand Prison that Cost $1 Billion, March 1, 2026. Cost of Prison Systems, Conditions of Confinement, Failure to Treat (Mental Illness), State Legislation, Reduction of Prison Population.
- U.S. District Court in Arizona Grants Summary Judgment in Favor of Prisoner Denial of Forms for Challenging 455 Days of Solitary, Jan. 1, 2026. Totality of Conditions, Administrative Exhaustion (PLRA), Control Units/SHU/Solitary Confinement, Chemical Spraying of Mentally Ill Inmates, Deliberate Indifference.
- Fifth Circuit Upholds Dismissal of Suit by Civilly Committed Texan, Dec. 1, 2025. Sex Offenders (Discrimination), Conditions of Confinement, Complaints, Grievances, Civil Commitment.
- Second Circuit Vacates Finding that Prisoner Failed to Exhaust Administrative Remedies; Remands Conditions of Confinement and Due Process Claims, Dec. 1, 2025. Totality of Conditions, Failure to Protect (General), Administrative Exhaustion (PLRA), Municipal Liability, Ad-Seg Hearings.

