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Fourth Circuit: Federal Prisoner in North Carolina Making Rehabilitation Act Claim Must Exhaust Both BOP Grievance Process and Justice Department’s EEO Complaint Process
by David M. Reutter
On March 29, 2023, the U.S. Court of Appeals for the Fourth Circuit raised the high bar a prisoner must clear in civil rights litigation just a little bit higher. It held that a federal prisoner must exhaust both internal and external remedies before …
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More from this issue:
- Soaring Number of Detainee Deaths Spotlights Ongoing Crisis at Harris County Jail, by Douglas Ankney
- Alabama Guards Still Harming Prisoners, Overcrowding Set to Increase as Governor Slashes “Good Time”, by Jo Ellen Nott, Chuck Sharman
- Prolonged COVID-19 Visitation Restrictions Net Georgia Jails Over $1.5 Million in Telecom Kickbacks, by Jordan Arizmendi
- Atlanta Federal Prison Gets Another Reboot, by Chuck Sharman
- Protest Damages Massachusetts Jail that Sheriff Wants to Update, by Jo Ellen Nott
- Third Circuit Revives Forced-Labor Claims of Jailed Pennsylvania Child Support Debtors, by Matthew Clarke
- BOP Closes Deadliest Unit, by Chuck Sharman
- Biden Commutes 31 Federal Drug Sentences, by Jordan Arizmendi
- Fourth Circuit Revives Virginia Prisoner’s Challenge to DOC Policy Restricting His Religious Headwear, by Douglas Ankney
- Ohio Governor Reprieves Three Condemned Prisoners, by Chuck Sharman
- Flooding Causes Evacuation of 1,075 Detainees from California Jail, by Jordan Arizmendi
- Connecticut GOP Lawmakers Force Governor to Replace Pardon Board Chair, Stopping All Commutation Hearings, by Jordan Arizmendi
- California College Offers Housing, Services to Formally Incarcerated Students, by Keith Sanders
- SCOTUS Orders Last-Minute Stay of Execution for Oklahoma Death Row Prisoner Richard Glossip
- Prison Looks Different for Two Celebrity Women, by Jordan Arizmendi
- Alabama Prisoner’s Family Sues Over Allegedly Botched Execution, by Chuck Sharman
- Vermont Sheriff Locked Out of National Crime Database, Facing Impeachment, by Chuck Sharman
- Arizona Prisoner Released from Death Row, by Chuck Sharman
- Executive Inaction: States and Federal Government Fail to Use Commutations as a Release Mechanism, by Naila Awan, Katie Rose Quandt
- Senators Spank DOJ for Failure to Implement Death-in-Custody Reporting Act
- Former Prisoner Uses “Look Back” Window to Sue for Sexual Abuse at Shuttered New York Prison, by David Reutter
- Corizon Executes “Texas Two-Step,” Spinning Off Debt Into Bankrupt New Firm to Avoid Paying Creditors and Lawsuit Winners, by Matthew Clarke
- Third Circuit Reinstates Claim by Federal Prisoner in Pennsylvania that Guards Prevented Daily Muslim Prayers, by Matthew Clarke
- Missouri Legalizes Marijuana and Expunges Criminal Records, by David Reutter
- Life Sentence for Alabama Jail Escapee After Suicide of Guard Lover Who Helped Him, by Chuck Sharman
- Washington State Initiative to Expand Jail Ballot Access Faces Local Pushback, by David Reutter
- Cuyahoga County Sheriff Stripped of Jail Commissary Control After $500,000 in Inventory Goes Missing, by David Reutter
- Prison Profiteer Who Chairs Christian Seminary Board Called Not Very ‘Christlike’, by Kevin Bliss
- Corizon Bankruptcy Stalls Suit By Alleged Rape Victims of Rikers Island Guard, by Chuck Sharman
- Menstruation Weaponized Against Women in Prison, by Kevin Bliss
- DOJ Finds Louisiana ‘Deliberately Indifferent’ to Prisoners Incarcerated Long Past Their Release Dates, by Matthew Clarke
- Seventh Circuit: Cook County Jail Grievance Procedure An “Incomprehensible Trap”, by Douglas Ankney
- Prisoner Health Update: HIV, by Eike Blohm, MD
- Ninth Circuit Affirms Expanded Relief for Disabled California Prisoners in Long-Running Class Action, by David Reutter
- $82 Million For Detainee Death in Oklahoma Jail is “Largest Civil Rights Death Claim in U.S. History”, by Matthew Clarke
- Idaho Revives Firing Squads, by Kevin Bliss
- SCOTUS Overrules Arizona Supreme Court, Allows Death Row Prisoner to Proceed With State Habeas Action, by Matthew Clarke
- $30,000 Paid by Michigan to Prisoner Wrongfully Classified as Sex Offender, by David Reutter
- Fifth Circuit Kills Suit by Louisiana Prisoners Whose Release Dates Were Incorrectly Calculated, by David M. Reutter
- Former Illinois Guards Sentenced for Prisoner’s Fatal Beating, by Benjamin Tschirhart
- New Report Pats BOP on the Back for Addressing Problems With Restrictive Housing, PREA, by Keith Sanders
- Fourth Circuit: Federal Prisoner in North Carolina Making Rehabilitation Act Claim Must Exhaust Both BOP Grievance Process and Justice Department’s EEO Complaint Process, by David Reutter
- Missouri Prisoner Illegally Condemned by Illiterate Juror Executed Anyway, by Chuck Sharman
- Ohio Supreme Court Grants State Prisoner Another $1,000 for Denied Records, by Keith Sanders
- Four Month Prison Term for BOP Compliance Monitor in Miami Who Sexually Abused Prisoner on His Case Load, by Jo Ellen Nott
- Wellpath Sanctioned for Discovery Violations After Stonewalling in Prisoner Lawsuits, by Douglas Ankney
- Second Circuit Affirms Denial of Qualified Immunity to N.Y. Prison Official Who Imposed Post-Release Supervision on Prisoner – But Reverses Damages Award, by David Reutter
- 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.
- Delaware Settles Suit Over Depriving Young Prisoners of Special Education, Feb. 1, 2026. Disabled Prisoners, Education, Americans with Disabilities Act, Rehabilitation Act, Individuals with Disabilities Education Act.
- Ninth Circuit Reinstates Wheelchair-Bound Washington State Prisoner’s Suit Over Failure to Accommodate Disabilities During Transport, Feb. 1, 2026. Transportation, Excessive Force, Americans with Disabilities Act, Rehabilitation Act, 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.
- Disabled Prisoner Who Won $1.85 Million After Fall in Chicago Jail Secures Class Certification for Separate ADA Challenge to Jail Conditions, Dec. 1, 2025. Disabled Prisoners, Bedding, Class Certification, Americans with Disabilities Act, Rehabilitation Act.
- Wisconsin Prisoner Wins in Seventh Circuit Review of Exhaustive Remedies Case, Dec. 1, 2025. Failure to Treat, Failure to Protect (General), Administrative Exhaustion (PLRA), Grievances, Jury Trial.
- Third Circuit Revives Pennsylvania Prisoner’s Claims Against the State and Wellpath, Dec. 1, 2025. Failure to Treat, Complaints, Americans with Disabilities Act, Rehabilitation Act, Deliberate Indifference.
- Sixth Circuit Holds Dismissal Not Automatic When Plaintiff Simultaneously Files Same Claims in State Court, Aug. 1, 2025. Retaliation, Court Access, Grievances, Mail.
- Ninth Circuit: Continuing-Violations Doctrine Applies for PLRA Administrative Exhaustion Purposes, Aug. 1, 2025. Failure to Protect (General), Administrative Exhaustion (PLRA), Grievances, Prison Litigation Reform Act (PLRA).

