×
You've used up your 3 free articles for this month. Subscribe today.
Fourth Circuit Reinstates North Carolina Prisoner’s Suit, Finding Grievance Procedure Availability an Open Question
By Mark Wilson
On December 27, 2022, the U.S. Court of Appeals for the Fourth Circuit vacated summary judgment issued against a North Carolina prisoner for failing to exhaust his administrative remedies, as required by the Prison Litigation Reform Act (PLRA), 42 U.S.C. § 1997e. Finding factual disputes regarding the availability ...
Full article and associated cases available to subscribers.
As a digital subscriber to Prison Legal News, you can access full text and downloads for this and other premium content.
Already a subscriber? Login
More from this issue:
- Breaking the Cycle of Understaffing, Lockdowns and Increased Violence in Prisons, by David Reutter
- From the Editor, by Paul Wright
- Wexford Faces Liability for Indiana Prisoner’s Delayed Specialist Referral, by David Reutter
- After Ninth Circuit Refuses to Compel Arbitration, National Class Certified in HRDC’s Challenge to Jail and Prison Debit Card Fees, by Mark Wilson
- Convicted Sex Offender Now a Licensed Attorney in Washington State
- Unable to Post Bail, Detainee Starves to Death in Arkansas Jail, by David Reutter
- $110,000 Paid By Tennessee Jail to Women Allegedly Forced to Stage “Sex Shows” for Guard
- $1 Million Settlement for California Prisoners Used to Bait Guard Charged with Sexual Misconduct
- $30,000 Paid by Pennsylvania to Prisoner Who Alleged Guards Beat and Tortured Him, by Douglas Ankney
- Seventh Circuit Revives Illinois Prisoner’s Claim Over Knee Surgery Delayed 29 Months, by Mark Wilson
- Louisiana Prison Guard Helps Pregnant Prisoner and Learns That No Good Deed Goes Unpunished
- Number Held in U.S. Prisons and Jails Dipped in Pandemic’s Second Year, by Douglas Ankney
- $1.25 Million Settlement for California Jail Prisoner’s Loss of Limbs, by David Reutter
- 46 Honduran Prisoners Massacred in Their Cells
- Fourth Circuit Reinstates North Carolina Prisoner’s Suit, Finding Grievance Procedure Availability an Open Question, by Mark Wilson
- COVID-19 Increased Racial Disparities in Prisons and Jails
- Court Orders Preliminary Injunctive Relief for Transgender Massachusetts Prisoners, by Douglas Ankney
- Guantanamo Bay Detainees Subjected to Forced Rectal Feeding and Hydration, by Eike Blohm, MD
- Wrongly Imprisoned for Killing Oregon Prison Director, Frank Gable Finally Fully Freed
- Naphcare’s Lack of Care Leads to $26.75 Million Verdict for Washington Jail Death
- $2,060,000 Awarded to Former New York Prisoner Left Quadriplegic After Assault by Guards, by Douglas Ankney
- Ex-felons on Parole and Probation Now Allowed to Vote in Minnesota
- How Corporations Turned Prison Tablets Into a Predatory Scheme, by Derick McCarthy, Ruqaiyah Zarook, Tommaso Bardelli
- The Almost Unknown Turkey Bowl and Black Sheep, by Douglas Ankney
- Report Finds Prison a Factor in Falling U.S. Life Expectancy
- Third Prisoner Dies in 2023 at California’s New Folsom Prison
- Virginia Prisoner Wins Habeas Release on Ineffective Assistance of Counsel Claim, by Douglas Ankney
- Settlement Reached Over COVID-19 Measures, Home Confinement Releases at FCC Lompoc
- New York Jailhouse Lawyer Wins Resentencing, Release, by Benjamin Tschirhart
- CoreCivic Fails to Defeat California’s Anti-SLAPP Law at Ninth Circuit, Must Pay $45,630 in Attorney Fees
- Colorado One of Four States Making Phone Calls Free for Prisoners
- Sixth Circuit Revives Blind Tennessee Prisoner’s Suit Against DOC and CoreCivic
- $1.85 Million Approved for Tampa Man Wrongfully Imprisoned for 37 Years
- Suit Against Pennsylvania Jail and Controversial Trainer Down to Just Two Plaintiffs
- Almost $1.1 Million Awarded to One-Legged Pretrial Detainee Forced to Hop to California Jail Cell, by David Reutter
- Florida Solitary Confinement Lawsuit Dismissed, by David Reutter
- Former BOP Guard Gets Light Sentence for COVID-19 Fraud, by Douglas Ankney
- Academics Find Prisoners Denied Access to Public Information, by Matthew Clarke
- Citing Improvements at Mississippi State Prison at Parchman, Rappers Drop Suit, by Douglas Ankney
- Settlement Includes $78,000 in Damages Against Minnesota DOC for ADA Violations
- 400 Prisoners Relocated After Fire at Texas State Penitentiary
- Texas Death Row Prisoners Challenge Blanket Policy of Automatic Solitary Confinement, by Douglas Ankney
- Colorado Lawmakers Shut Down Sheriff’s Participation in ICE 287(g) Program
- Prisoner Health Update: Hemorrhoids, by Eike Blohm, MD
- JPay Denied Motion to Compel Arbitration in Suit Over Debit Release Cards
- Despite Prior Settlement Agreement, Sick Michigan Prisoners Still Forced to Wait for Medication in Cold and Rain, by Douglas Ankney
- Nearly 5,000 Sexual Victimizations Counted in Three Years in U.S. Prisons and Jails, by Douglas Ankney
- $3.25 Million Settlement Reached With Defendants Jailed in Missouri “Debtor’s Prison” for Unpaid Fines, Fees, by Matthew Clarke
- $2.125 Million Paid So Far for Virginia Prisoner’s Death from Treatable Aneurism, by Matthew Clarke
- San Francisco Jail First in Nation to Provide Detainees Tablets With Totally Free Content
- Utah Prisoner Blows Whistle on Abuse of Federal Grants, Leading to $1.55 Million Settlement – And New Law Restricting Prisoner Records Requests
- News in Brief
More from Mark Wilson:
- Indiana Prisoner Sues Prison Abolition Group, Wins $1,097 Default Judgment, April 26, 2024
- Eighth Circuit Affirms Denial of Qualified Immunity to Minnesota Jail Guard Accused of Grabbing and Squeezing Detainee’s Penis, Feb. 1, 2024
- Former Oregon Prison Nurse Gets 30 Years for Raping Prisoners, Dec. 1, 2023
- After Ninth Circuit Refuses to Compel Arbitration, National Class Certified in HRDC’s Challenge to Jail and Prison Debit Card Fees, Oct. 15, 2023
- Seventh Circuit Revives Illinois Prisoner’s Claim Over Knee Surgery Delayed 29 Months, Oct. 15, 2023
- Fourth Circuit Reinstates North Carolina Prisoner’s Suit, Finding Grievance Procedure Availability an Open Question, Oct. 15, 2023
- Congress Forces BOP to Upgrade Security Cameras, Sept. 15, 2023
- Oregon Will Hold Release Hearings for 73 Prisoners Sentenced to LWOP as Juveniles, Sept. 15, 2023
- Senators Slam “Egregious” Prisoner Sexual Abuse by BOP Employees, Sept. 15, 2023
- Minnesota Supreme Court Denies Qualified Immunity for Delayed Transfer of Sex Offenders, Sept. 15, 2023
More from these topics:
- SCOTUS Partially Overturns Pavey, Holds PLRA Exhaustion Dispute Must Go to Jury Even If Intertwined with Merits of Michigan Prisoner’s Claim, Aug. 1, 2025. Administrative Exhaustion (PLRA).
- 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.
- Sixth Circuit: Michigan Tolling Statute Applies to PLRA Administrative Exhaustion Requirement, July 15, 2025. Retaliation for Litigating, Administrative Exhaustion (PLRA), Tolling of Statutes of Limitations and Laches.
- Eighth Circuit Excuses Missouri Prisoner’s Failure to Exhaust Remedies While He Was In a Coma, June 1, 2025. Systemic Medical Neglect, Administrative Exhaustion (PLRA).
- Study Finds Just 1% of Prisoner’s Eighth Amendment Claims Succeed, May 1, 2025. Retaliation for Filing Grievances, Systemic Medical Neglect, Eighth Amendment, Administrative Exhaustion (PLRA), Cruel and Unusual Punishment.
- Ninth Circuit Grants Stay and Abeyance of Federal Habeas Petition to Allow Petitioner to Exhaust State Remedies, April 15, 2025. Administrative Exhaustion (PLRA), Habeas Corpus, AEDPA, Amendments to Petition.
- Tenth Circuit Stretches PLRA to Deny Claim of Colorado Prisoner Shot by Guard While Shackled, April 1, 2025. Administrative Exhaustion (PLRA), Shootings.
- Fourth Circuit Excuses Maryland Prisoner From Exhaustion Requirement in PREA Claim, April 1, 2025. Administrative Exhaustion (PLRA), Prison Rape Elimination Act.