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Second Circuit: N.Y. Detainee Didn’t Fail to Exhaust Administrative Remedies When Jail Grievance Procedure Excluded Matter Forming Basis of Claim
by Matt Clarke
On June 8, 2022, the U.S. Court of Appeals for the Second Circuit reinstated a New York jail detainee’s claim, saying he couldn’t be guilty of failure to exhaust his administrative remedies when the jail’s grievance policy specifically precluded him from grieving the matter at …
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More from this issue:
- Cages Without Bars Are Widening the Net: The Explosion of Electronic Monitoring, by James Kilgore, Brian Dolinar
- From the Editor, by Paul Wright
- Amended Consent Decree Entered in 11-Year-Old Class-Action Challenging Prisoner Healthcare in Illinois DOC, by Douglas Ankney
- Hawaii Inmate Deaths Are The Highest In 10 Years. But The State Can’t Say Why Corrections officials still aren’t providing a cause of death for 20 of the 23 prisoners who died in Hawaii prisons and jails last year., by Kevin Dayton
- Minnesota Department of Corrections Searching for Tattooist for New Prison Program, by Jacob Barrett
- Arizona Prisoners Win Preliminary Injunctions Requiring Centurion To Treat Them, by David Reutter
- Florida Arrests Ex-Felons for Voter Fraud, by David Reutter
- Music Stops in Fifth Circuit’s Qualified Immunity ‘Dance,’ Leaving Plaintiffs With Shortened Discovery Period, by Matthew Clarke
- Plastic Surgery Has a Troubled History Inside Prisons. Some Advocates Want It to Make a Comeback. Should cosmetic procedures be part of how society prepares prisoners to reenter it?, by Zara Stone
- Louisville Jail Counts 12 Deaths in Ten Months, by Jo Ellen Nott
- Third Circuit Agrees With Pennsylvania Prisoner’s Access-to-Courts Claim, But Grants Defendants Qualified Immunity, by David Reutter
- Rhode Island Prisoners Go on Hunger Strike, Staff Denies It, by Benjamin Tschirhart
- $3 Million From Forsyth County, No Stay in Civil Case Against Wellpath Nurse Indicted for Involuntary Manslaughter of N.C. Jail Detainee, by Eike Blohm, MD
- California City Ends Private Jail Operator’s Contract After Mass Employee Resignations, by Keith Sanders
- Eighth Circuit Revives Missouri Prisoner’s Claim Against Prison Food Manager for Denying Renal Diet, by David Reutter
- Nevada Muslim Prisoner Wins Suit Over Denial of Jumu’ah Prayer, by Harold Hempstead
- Guards Fleeing Texas Prisons, by Matthew Clarke
- ‘Qualified Immunity Cannot Shield Them’: Fourth Circuit Advances Suit by Virginia Prisoners for Overlong Solitary Confinement, by Benjamin Tschirhart
- California Prison Guards Sentenced for Assaulting Prisoners, by Jacob Barrett
- Eleventh Circuit Says Passover Sign-Up Requirement in Florida Jail Passes Constitutional Muster, by David Reutter
- Ohio Supreme Court Grants Records but No Damages for Prisoner Making Request, by Jacob Barrett
- Will Overturning Roe v. Wade Kill the Right to Abortion Under BOP Policy?, by Dale Chappell
- California Guards Kill Two Prisoners Who Attacked a Third, by Jo Ellen Nott
- Second Circuit: No Qualified Immunity for Wardens Accused of Violating Religious Freedom of Muslim Prisoners in Connecticut, by Benjamin Tschirhart
- Prisoner Health Update: MRSA Infections, by Eike Blohm, MD
- Idaho Cancels Execution Because It Cannot Obtain Lethal Injection Drugs, by Jo Ellen Nott
- Arizona Jail Racks Up Four Deaths And Two Escapes In Less Than Two Months, by Chuck Sharman
- BOP Settles for $4.18 Million With Six Prisoners Raped by Guard at Now-Shuttered Manhattan Federal Jail, by Casey Bastian
- Fifth Circuit Holds PLRA’s ‘Three-Strikes’ Provision Does Not Apply to Actions Removed From State Court, by Matthew Clarke
- Ohio Pays $185,000 to State Prisoner Bitten in Genitals by K-9, by Keith Sanders
- Incarceration Exacerbates Obesity in America, by Keith Sanders
- Former Felons Elected to Rhode Island Legislature, by Jo Ellen Nott
- Investor Lawsuit Against GEO Group Trimmed, by David Reutter
- Federal Judge in South Carolina Holds BOP Liable for Delayed Treatment That Left Federal Prisoner Partially Blinded, by Casey Bastian
- $450,000 Settlement to Illinois Prisoner Whose Untreated Boil Left Him Paraplegic, by Harold Hempstead
- California Prison Officials Cleared After Prisoner Murders Two Sex Offenders, by David Reutter
- $3.5 Million Paid To Estate Of Iowa Jail Detainee Who Suffered Seizure And Died When Left Unattended, by Keith Sanders
- New Connecticut Law Restricts Use of Solitary Confinement, by Keith Sanders, David Reutter
- Daughter of Condemned Missouri Prisoner Unsuccessfully Sues to Witness His Execution, by Jo Ellen Nott
- Former South Carolina Sheriff Begins 46-Month Prison Term for Corruption, by Ashleigh Dye
- ‘Tragic and Wholly Unacceptable’ Gang Violence Erupts at Georgia Women’s Prison, by Jenifer Lockwood
- Virginia Swipes Sentence Credits From 560 Prisoners Just About to Get Out, by David Reutter
- Georgia Prisoner Sentenced to Death for Killing Two Guards Dies by Apparent Suicide, by Keith Sanders
- GEO Group Gets Another Extension to Biden’s Deadline for USMS at California Prison, by Jenifer Lockwood
- UCLA Study Finds Over Half of ‘Natural’ Deaths Inside L.A. County Jails Showed Signs of Physical Harm, by Keith Sanders
- Ex-Prisoner Re-Elected to New York State Assembly, by Keith Sanders
- Over $237,000 Awarded in Wisconsin Prisoner’s Suit Accusing Guard of Unwanted Sexual Advances, by Kevin Bliss
- Fifth Circuit: Martinez Report May Not Override Factual Allegations in Prisoner’s Complaint, by Matthew Clarke
- Potentially Fatal Legionella Bacteria Found at Six Illinois Prisons, by Casey Bastian
- OIG Report Defers Claims That ICE Detainees in Georgia Had Forced Hysterectomies, by Ashleigh Dye
- Second Circuit: N.Y. Detainee Didn’t Fail to Exhaust Administrative Remedies When Jail Grievance Procedure Excluded Matter Forming Basis of Claim, by Matthew Clarke
- ‘Time for Me to Go’: Troubled Oklahoma Jail Loses Administrator, by Matthew Clarke
- Mississippi Demands $1.9 Million From MTC For Short-Staffing Private State Prison, by Kevin Bliss
- Oklahoma Raises Pay for Execution Doctors From $300 to $15,000 Per Execution, Still Won’t Say Who They Are or What They Do, by Matthew Clarke
- HRDC Sues Wyoming Jail for Unlawful Censorship, by Douglas Ankney
- Mississippi Reopens Walnut Grove Prison Just in Time for Prison Population Explosion, by Harold Hempstead
- $115,000 Settlement for Excessive Pepper-Spraying of Maine Prisoner, by David Reutter
- Florida Supreme Court: Trial Courts Have Authority to Correct Sentencing Errors, But Subject to Time Limits, by David Reutter
- ACLU Accepts $37,500 Settlement Over Redacted Records From New Mexico Prison Healthcare Provider, by Benjamin Tschirhart
- Massive Price Tags and Meager Results: The Legacy of Federal Monitors in New York City, by Benjamin Tschirhart
- 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:
- 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.
- Fifth Circuit Upholds Dismissal of Suit by Civilly Committed Texan, Dec. 1, 2025. Sex Offenders (Discrimination), Conditions of Confinement, Complaints, Grievances, Civil Commitment.
- 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.
- 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).
- Ninth Circuit Revives Prisoner’s Claim Based on Guard’s Thwarting of Administrative Remedies, Aug. 1, 2025. Retaliation for Filing Grievances, Administrative Exhaustion (PLRA), Grievances.
- $500 Jury Verdict for Pennsylvania Prisoner After Federal Court Clarifies DOC Grievance Procedures, Nov. 15, 2024. Settlements, Grievances.
- Seventh Circuit Avoids Deciding Whether Wisconsin Statute of Limitations Tolls from Prisoner’s Incident or Grievances, Oct. 15, 2024. Grievances, Tolling of Statutes of Limitations and Laches.
- Missouri Prisoner’s Excessive Force Claim Proceeds Against Guards After Court Excuses Missed Deadlines Under “Unavailable” Grievance Procedure, Sept. 15, 2024. Guard Brutality/Beatings, Grievances, Unavailibility of Essential Witness.

