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Fifth Circuit Finds “Opaque” Mississippi Prison Grievance System “Incapable of Use”
Loaded on May 1, 2023
by Matthew Clarke
published in Prison Legal News
May, 2023, page 44
Filed under:
Grievances.
Location:
Mississippi.
by Matt Clarke
On August 16, 2022, the U.S. Court of Appeals for the Fifth Circuit held that grievance procedure rules which the Mississippi Department of Corrections (DOC) published online – but which were not given to prisoners – cannot trigger a failure to exhaust administrative remedies that would justify ...
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More from this issue:
- L.A. County Jails: Leading in All the Wrong Ways, by Benjamin Tschirhart
- Predatory Probation Still Alive in Georgia, Other States, by David Reutter
- From the Editor, by Paul Wright
- Prisoner Health Update: K2, by Eike Blohm, MD
- Warden Ousted from Troubled Alabama Prison After DUI Arrest, by Edward Lyon
- Fifth Circuit Reinstates Lawsuit Over Texas Detainee’s Asphyxiation by Jail Guards, by Matthew Clarke
- Detainee Allegedly “Eaten Alive” by Vermin in Overcrowded Atlanta Jail, by Jacob Barrett
- Fifth Circuit Reinstates Claim That LaSalle Guards Fatally Beat Louisiana Pre-Trial Detainee, by Matthew Clarke
- Ninth Circuit: Grievance Policy May Excuse Oregon Prisoner’s Failure to Exhaust Administrative Remedies, by Jacob Barrett
- “Slap On the Wrist” for California Bail Agents Who Hired Bounty Hunter Who Killed Their Client, by Jayson Hawkins
- Dogged by Racist Comments, North Carolina Sheriff Resigns – Again, by Jo Ellen Nott
- MTC Accused of Parole Programming Scam at Texas Prisons, by Kevin Bliss
- Fourth Circuit Rejects Appeal of $700,000 Award to Maryland Prisoner Assaulted by Guards, by David Reutter
- Fifth Circuit Again Revives Muslim Texas Prisoner’s Suit Over Halal Meals Denied During Hurricane Evacuation, by Matthew Clarke
- Nevada Pays Over $568,000 for Denying Prisoner Cataract Surgery, Ends “One Good Eye” Policy, by Jacob Barrett
- Prisoner’s Experience in Solitary Wins PEN America Writing Award, by Jacob Barrett
- Condemned Tennessee Prisoner Wins Fight Against Autopsy, by Harold Hempstead
- Maine’s Jails and Prisons Record 39 Deaths in 34 Months, by Jo Ellen Nott
- Fifth Circuit Upholds Qualified Immunity for Texas Prison Guard Who Beat Prisoner’s Arm With Baton Until It Broke, by Matthew Clarke
- $1.3 Million Paid to Transgender Woman Held Five Months in Atlanta Jail on Bogus Charges, by Chuck Sharman
- Nebraska Pays $479,000 for Restrictive Housing Prisoner’s Murder While Double-Celled, by Mark Wilson
- Shielded From Public View, Misconduct by Corrections Staff in Illinois Prisons Received Scant Discipline, by Shannon Heffernan
- $20,000 Settlement for Ohio Prisoner’s Slip-and-Fall Injury, by Edward Lyon
- $2.4 Million Judgment Against Michigan Jail Doctor Convicted of Sexually Abusing Three Prisoners, by Mark Wilson
- ACLU Report Details Exploitation of Prisoners for Forced Labor, by Matthew Clarke
- MTV Documentary Shines Light on Art Behind Bars, by Jayson Hawkins
- Fifth Circuit Finds “Opaque” Mississippi Prison Grievance System “Incapable of Use”, by Matthew Clarke
- Overdose Rate in New York Jails and State Prisons Double U.S. Average, by Jacob Barrett
- College Education Disrupted for Washington Prisoners, by Kevin Bliss
- $32,500 Medical Malpractice Award to Ohio Prisoner for Ripped-Out Catheter, by Edward Lyon
- Oklahoma County Pays $1.1 Million After Jail Guards Fatally Beat Detainee, by Jacob Barrett
- Louisiana High Court Abandons Ab Initio Precedent in Favor of “Victim’s Rights”, by David Reutter
- California Appellate Court: State Prisoners Held in Jail and Those Held in Prisons Not Alike for Sentence Credits, by Jacob Barrett
- Telecoms Exploiting Legal Loopholes to Price Gouge Prisoners and Their Families, by Jacob Barrett
- Fifth Circuit Revives Suit by Nation of Gods and Earth Prisoner Demanding Religious Recognition by Texas Prison Officials, by Matthew Clarke
- Iowa Teen Who Killed Her Alleged Rapist Recaptured After Halfway House Escape, by Kevin Bliss
- Former Missouri Prisoners Awarded $20 Million for Sexual Abuse by “Resident Pervert” Guard, by Ashleigh Dye
- $4.25 Million Paid by King County for Two Jail Beatings By Improperly Housed Mentally Ill Detainees, by Mark Wilson
- Arizona Prisoner Condemned Again for Cellmate’s Murder, by Jayson Hawkins
- Ninth Circuit Upholds Order Vacating Conviction in Oregon Prison Director’s 1989 Murder; SCOTUS Declines Review, by Mark Wilson
- Montana Becomes 13th State to End Prison Gerrymandering, by Chuck Sharman
- Fourth Circuit: No Civil Commitment at Release for Federal Prisoner in North Carolina Without Considering Conditions, by Casey Bastian
- Montana Pays $2,500 to Settle Prisoner’s Failure-to-Protect Claim, by Mark Wilson
- Eighth Circuit Affirms Over $278,000 Awarded to Minnesota Jail Detainee Held on Bad ICE Referral Policy, by David Reutter
- Alaska Supreme Court Says Parole Challenge Must Be Sought via Post-Conviction Relief, Not Lawsuit, by Mark Wilson
- News in Brief
More from Matthew Clarke:
- Texas Social Workers Challenge Blanket Denial of State Occupational License Based on Youthful Assault Convictions, Aug. 1, 2025
- After Judge’s Letter, at Least 22 Former FCI Dublin Prisoners Granted Compassionate Release, Aug. 1, 2025
- Nebraska Supreme Court Clarifies Award of Time Served Credit for Non-Citizen Awaiting Extradition, Aug. 1, 2025
- Former Oregon Prison Guard Sergeant Sentenced for Sexually Abusing Imprisoned Women, Aug. 1, 2025
- Nebraska Supreme Court Clarifies Procedure for Crediting Jail Time to Multiple Contemporaneously-Imposed Sentences, Aug. 1, 2025
- Over One-Third of Older Texas Prisoners Suffering Cognitive Impairment, July 15, 2025
- Kansas Supreme Court Revives Prisoner’s Challenge to Loss of Parental Rights, June 1, 2025
- Fifth Circuit Reinstates Baha’i Texas Prisoner’s Dietary Claim, June 1, 2025
- $5.6 Million Settlement for California Prisoner’s Wife Strip-searched During Visit, June 1, 2025
- Academic Study of Prison Guards’ Use of Excessive Force Details Sad State of Civil Rights for Abused Prisoners, June 1, 2025
More from these topics:
- 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.
- Misadventures in Mail Censorship, Jan. 1, 2024. Administrative Exhaustion (PLRA), Grievances, Mail, Publications/Books, Mail Regulations, Due Process, Censorship, Prison Regulations.
- Eighth Circuit Says Arkansas Prisoner’s Medical Incapacity May Excuse PLRA Exhaustion Failure, Jan. 1, 2024. Prisoner-Prisoner Assault, Failure to Protect (General), Administrative Exhaustion (PLRA), Grievances.
- Seventh Circuit Revives Indiana Prisoner’s Claim Over Dismissed Grievance, Dec. 1, 2023. Grievances, Dismissal.
- After Winning $15,000 Settlement, California Trans Prisoner Forces CDCR to Replace Missing Trust Account Deposits, Dec. 1, 2023. Retaliation for Filing Grievances, Grievances, Seizure of Prisoner Funds, Transgender.