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Eighth Circuit Says Arkansas Prisoner’s Medical Incapacity May Excuse PLRA Exhaustion Failure
Loaded on Jan. 1, 2024
published in Prison Legal News
January, 2024, page 47
Filed under:
Prisoner-Prisoner Assault,
Failure to Protect (General),
Administrative Exhaustion (PLRA),
Grievances.
Location:
Arkansas.
As often reported in PLN, the Prison Litigation Reform Act (PLRA), 42 U.S.C. § 1997e, imposes numerous requirements on incarcerated litigants—including exhaustion of administrative remedies before filing a lawsuit, by first filing a grievance and seeing it completely through a prison or jail’s system. But what if a prisoner can’t utilize ...
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More from this issue:
- See No Evil, Hear No Evil, Treat No Evil: Centurion and the Curse of For-Profit Prison Healthcare, by J.D. Schmidt
- From the Editor, by Paul Wright
- $7.75 Million Paid by San Diego County After Jail Detainee Severely Injured in Fall from Top Bunk
- Alabama DOC Proves Truly “Heartless”
- Misadventures in Mail Censorship, by Robert Schaeffer
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- Record-Setting $7 Million Settlement Caps LaSalle’s Legacy at Texarkana Jail, by Matthew Clarke
- 153 Killed in Custody in Salvadorian Gang Crackdown
- Former L.A. County Jail Detainees Denied Promised Sentence Credits
- Washington Agencies Sanctioned for Discovery Violations Reach $3.1 Million Settlement with Disabled Woman Allegedly Abused at State Sanctioned Home
- Former Florida Guard Gets Five Years for Fatal Assault on Mentally Ill Prisoner
- N.H.’s First Black Sheriff Charged With Embezzling $19,000
- Hurdles to Voting for Ex-Felons Rise in Tennessee and Virginia, Fall in Mississippi
- “Brushed It Under the Rug”: Investigation Refutes Florida Sheriff’s Story About Jail Detainee’s Death
- Corizon Health Bankruptcy Delayed by Revelation of Attorney’s Affair With Mediator
- Virginia Leads the Nation in K-9 Attacks on Prisoners
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- Officials of Pennsylvania Guards Union Charged with Theft
- $10,000 Verdict for Fired Guard’s Failure to Protect Louisiana Prisoner From Stabbing, by David Reutter
- $9,000 Settlement for Florida Prisoner’s Retaliation and Excessive Force Claims Against Guards, by David Reutter
- Wisconsin Supreme Court: Jail Time Must Be Credited When Charge Causing Jailing Read in At Sentencing, by Matthew Clarke
- Oklahoma Prisoner Uses COVID-19 Stimulus Check to Overturn Conviction
- The Good That Prisoner Rights Lawyers Do
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- Second Circuit Strips Qualified Immunity from Connecticut Officials Who Ignored Prisoner’s Scalp Lesions, by David Reutter
- Long Waits for Montana Jail Detainees Needing Competency Restoration Services
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- Guards Used “Blast Grenades” to Break Up Mob Attack in California Prison, July 15, 2025. Failure to Protect (General), Pepper Spray/Tear Gas, Prisoner Privileges, Telephone Access.
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- Sixth Guard Sentenced in West Virginia Killing of Pretrial Detainee, July 15, 2025. Failure to Protect (General), Guard Brutality/Beatings, Excessive Force (Wrongful Death).
- 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.
- Ongoing Detainee Deaths Push Rikers Island into Federal Court Receivership, July 15, 2025. Totality of Conditions, Failure to Protect (General), Fire Hazards, Overcrowding, Eighth Amendment, Staffing, Environmental Law, Plumbing, Sewage, Jail Specific.
- Former Wisconsin Warden Gets No Cell Time, $500 Fine After Prisoner Deaths, June 1, 2025. Misconduct/Corruption, Guard Misconduct, Failure to Protect (General).
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- Retired California Prison Guard Killed in Colorado Jail, June 1, 2025. Failure to Protect (General), Failure to Treat (Mental Illness).
- $52,500 for Trans Florida Prisoner Sexually Assaulted by Cellmate, June 1, 2025. Prisoner-Prisoner Assault, Retaliation for Filing Grievances, Failure to Protect (Transgender).