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New Mexico Supreme Court Rules Both Prisoners and Nonprofit Plaintiffs Subject to Requirement to Exhaust Administrative Remedies
Loaded on April 1, 2023
by Jacob Barrett
published in Prison Legal News
April, 2023, page 28
Filed under:
Administrative Exhaustion.
Location:
New Mexico.
by Jacob Barrett
On August 25, 2022, the New Mexico Supreme Court affirmed dismissal of a challenge to the state’s mismanagement of the COVID-19 pandemic in New Mexico prisons. Though not entirely agreeing with the lower court’s reasoning, the Court affirmed the result because none of the named prisoner plaintiffs ...
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More from this issue:
- “I Was Scheduled to Die in Solitary Confinement” – and May Soon Be Again, by Mark Wilson
- From the Editor, by Paul Wright
- Detainees Awaiting Psychiatric Beds Suffer Permanent Harm in Jails, by Eike Blohm, MD
- Monterey County Sheriff’s Office Poised for Much-Needed Cleanup, by Kevin Bliss
- Federal Judge Tells BOP Officials They “Are Not Above the Law”, by Casey Bastian
- U.S. Response to Haitian Crisis: Fund More Prisons, by Jayson Hawkins
- California Halted from Re-Integrating “Sensitive Needs” Prisoners Into General Population, by David Reutter
- Circuit Court Orders Hawaii to Release Names of Prisoners Who Die in State’s Jails and Prisons, by Keith Sanders
- Former CoreCivic Guard Pleads Guilty to Deprivation of Tennessee Prisoner’s Rights, by Harold Hempstead
- $1.9 Million Paid by L.A. County for Detainee’s Suicide, by Chuck Sharman
- Sixth Circuit Revives Claim Over Michigan Prisoner’s Fatal Overdose on Allegedly Smuggled Fentanyl, by David Reutter
- Santa Clara County Sheriff Accused of Coverup After $10 Million Payout to Mentally Ill Detainee Who Severely Injured Himself During Jail Transport, by Benjamin Tschirhart
- Polling Stations Inside Jails Combat Voter Disenfranchisement, by Keith Sanders
- New Mexico Supreme Court Rules Both Prisoners and Nonprofit Plaintiffs Subject to Requirement to Exhaust Administrative Remedies, by Jacob Barrett
- Nevada DOC Director Sacked After Prisoner Escape Goes Unnoticed Four Days, by Ashleigh Dye
- Almost $650,000 Paid by Illinois to Prisoner Who Lost Leg to Untreated Diabetes, by Keith Sanders
- $11.75 Million Settlement for Prisoner Beating in Pheonix Jail, by Casey Bastian
- SCOTUS Ruling Forces Ninth Circuit U-Turn on Damages Suit by Federal Prisoner in California “Snitch Jacketed” by Guard, by Kevin Bliss
- BOP Revives Plans for Controversial Prison in Kentucky, by Kevin Bliss
- Second Circuit Takes Back $20,000 Emotional Damage Award from Former Federal Prisoner in New York, by Benjamin Tschirhart
- California Extends Medi-Cal Health Benefits to Prisoners Nearing Release, by Eike Blohm, MD
- Massachusetts Supreme Judicial Court: Jail Detainee’s Urine Not a ‘Noxious or Filthy Substance’, by David Reutter
- Iowa Ombudsman Calls Out DOC For Unfair Prisoner Discipline, by Kevin Bliss
- Virginia DOC Resists Prisoner Fee Cuts, by Ashleigh Dye
- Washington Racks Up More Than $98 Million in Fines for Failure to Timely Hold Competency Hearings, by Jacob Barrett
- Third Circuit Unbothered by Pennsylvania’s Discrimination Against Sex Offenders in Denying Parole to Halfway Houses, by David Reutter
- Indiana Will Now Send Low-Level Felons to Prison Instead of Jail, by Casey Bastian
- Fourth Circuit: Religious Headwear Policy Violated Virginia Prisoner’s Rights, by David Reutter
- A Lesson in Pleading: Utah Jail Suicide Complaint Fails for Alleging Failure to Train Rather than Failure to Provide Care, by David Reutter
- Texas Prison Warden and Brother Charged with Shooting Two Migrants, Killing One, by Ashleigh Dye
- Sixth Circuit Says Ohio Prisoner’s Lack of Tablet Access May Have Prevented Grievance Exhaustion, by David Reutter
- California Makes Calls Free for State Prisoners and Juvenile Detainees, Prohibits Telecom Kickbacks to Prisons and Jails, by Benjamin Tschirhart
- $35,000 Awarded to Federal Prisoner in Kentucky Who Accused Guards of Using Excessive Force, by Benjamin Tschirhart
- Educating Prisoners: New Meta-Analysis Reinforces That It Reduces Recidivism, by Keith Sanders
- $2.375 Million Settlement in Over-Detention Suit at Santa Clara California Jail, by David Reutter
- Montana Supreme Court Grants State Prisoner 604 Days in Sentence Credit, by David Reutter
- En Banc Ninth Circuit Voids Portion of California Law Banning Private Federal Prisons in the State, by Jacob Barrett
- Report Shows How Perverse Financial Incentives Drive Mass Incarceration and Inequity in Criminal Justice System, by Matthew Clarke
- Arizona Prisoner Waits in Excruciating Pain While Incompetent Executioners Fumble, by Eike Blohm, MD
- How the Newest Federal Prison Became One of the Deadliest, by Christie Thompson and Joseph Shapiro
- No More Second Chances for New York Jail Guard Convicted of Smuggling, by Benjamin Tschirhart
- No Pay for Iowa Prisoners Overdosed With COVID-19 Vaccine, by Benjamin Tschirhart
- “Ban the Box” Hiring Law Sets National Standard for Federal Contracts, by Keith Sanders
- Former State Prison Guards in Georgia Sentenced for Prisoner Assaults and Cover-Up, by Jayson Hawkins
- Suspended Colorado Work Release Program Exposes Companies’ Reliance on Low-Wage Labor, by Benjamin Tschirhart
- Seventh Circuit Revives Claim of Wheelchair-Bound Wisconsin Prisoner Denied Access to Handicapped Toilet, by David Reutter
- Seventh Circuit Overturns Class Decertification in Cook County Jail Disability Lawsuit, by David Reutter
- Despite Official Claims, Stopping Mail to Missouri Prisoners Has No Effect on Drug Overdoses, by Benjamin Tschirhart
- Former Georgia Sheriff Gets 18 Months for Punishing Detainees in Restraint Chair, by David Reutter
- Gun Safety Group Defeats Re-Election of “Constitutional Sheriff” in Massachusetts, by Keith Sanders
- $1.2 Million Paid by St. Louis County for Jail Detainee’s Death from Untreated Ulcer, by David Reutter
- Voters in Four States Change Constitution to Ban Prison Slavery, by Keith Sanders
- News in Brief
More from Jacob Barrett:
- $120,000 Settlement Reached With Long Island Detainee Assaulted by Jail Guards, July 15, 2023
- $17.675 Million Paid for New Yorker’s Wrongful Conviction, June 15, 2023
- Eighth Circuit Greenlights Arkansas Execution Protocol, June 15, 2023
- Second Circuit Upholds Connecticut Prison Porn Ban, Sets Up Circuit Split Over “Vagueness” Test, June 15, 2023
- Louisiana Sheriff Coughs Up $2.75 Million After Falsely Claiming Detainee Died From Accidental Fall, June 15, 2023
- Nevada Pays Over $568,000 for Denying Prisoner Cataract Surgery, Ends “One Good Eye” Policy, June 15, 2023
- Corizon Bankruptcy Threatens $6.4 Million Award to Family of Michigan Prisoner Whose Five-Day Jail Term Turned Into Death Sentence, June 1, 2023
- Detainee Allegedly “Eaten Alive” by Vermin in Overcrowded Atlanta Jail, May 1, 2023
- Ninth Circuit: Grievance Policy May Excuse Oregon Prisoner’s Failure to Exhaust Administrative Remedies, May 1, 2023
- Nevada Pays Over $568,000 for Denying Prisoner Cataract Surgery, Ends “One Good Eye” Policy, May 1, 2023
More from these topics:
- 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 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.
- 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.
- Second Circuit: N.Y. Detainee Didn’t Fail to Exhaust Administrative Remedies When Jail Grievance Procedure Excluded Matter Forming Basis of Claim, Jan. 1, 2023. Administrative Exhaustion, Grievances.
- Ninth Circuit: New Suit Not Required After Curing Failure to Exhaust Administrative Remedies, Nov. 30, 2022. Administrative Exhaustion, Exhaustion of Remedies.
- Federal Habeas Corpus: Post-Filing Procedures in Seeking Habeas Relief, May 15, 2022. Administrative Exhaustion, Habeas Corpus.
- Seventh Circuit: Four-Year Delay in Filing Appeal Excused Habeas Exhaustion Requirement Because Any Further Attempts for Postconviction Remedies in State Court Would Have Been Futile, May 1, 2022. Administrative Exhaustion, Appeals/Appellate Jurisdiction.