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Florida Prisoners Not Required to File Rulemaking Petition to Satisfy PLRA Exhaustion Requirement
Loaded on Jan. 1, 2024
by David Reutter
published in Prison Legal News
January, 2024, page 62
Filed under:
Administrative Exhaustion (PLRA),
Administrative Exhaustion,
RLUIPA,
Administrative Procedures Act (State),
Right to Grow a Beard.
Location:
Florida.
by David M. Reutter
On July 31, 2023, the U.S. Court of Appeals for the Eleventh Circuit rejected an argument by the Florida Department of Corrections (DOC) that a state prisoner’s suit should be dismissed because he was required to file a Petition to Initiate Rulemaking before proceeding to court. ...
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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
- Private Prisons Hold Almost 100,000 Prisoners, 8% of Total U.S. Prison Population
- Hear Us Now? Hearing Impaired Tennessee Prisoners Secure Injunction
- Fifth BOP Employee Sentenced in California “Rape Club,” Another Lawsuit Filed
- Another Report Verifies That Prison Deaths Soared During COVID-19 Pandemic
- 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
- Nearly $75 Million Class-Action Settlement Reached For Delayed Releases from N.Y.C. Jails
- 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
- New Head of “Constitutional Sheriffs” Calls MLK a “Thug”
- Eleventh Circuit Addresses First Amendment, Due Process Interests in Georgia Prisoner Emails
- 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
- West Virginia Pretrial Detainee’s Lawsuit for Sexual Abuse Survives Dismissal Stage, by David Reutter
- Eighth Circuit Says Arkansas Prisoner’s Medical Incapacity May Excuse PLRA Exhaustion Failure
- Deaths While Incarcerated Up 18% in Louisiana
- Despite “Ban the Box” Laws, Most Prisoners Still Unemployed a Year After Release
- Seventh Circuit Reinstates Illinois Prisoner’s Claim Against Kitchen Supervisor for Scalding From Spilled Hot Water
- George Floyd’s Killer Stabbed 22 Times in Federal Prison in Arizona
- Former New Mexico Guard Convicted of Sexually Assaulting Prisoner, Suit Filed
- Ed Mead: Rest in Power, by Paul Wright
- Multiple Staffers Arrested at Georgia’s Clayton County Jail
- The “Lunacy Zone:” How Mississippi Jails 700 Mentally Ill People a Year Without Charges
- Second Circuit Revives N.Y. Prisoner’s Suit Over Sing Sing Fire, 11 Other Prisoners Split $220,000 Settlement
- Maine Ends Prison Gerrymandering
- Fifth Circuit Revives Suit Against Texas Jailers Who Tasered Detainee Suffering Epileptic Seizure, by Douglas Ankney
- West Virginia High Court Decides Medical Practice Liability Act Not Applicable to Prison System, by David Reutter
- Nevada Prisoner Wins Injunction Requiring DOC to Provide Exercise Despite Guard Shortage
- Seventh Circuit Slams Illinois Civil Commitment Program but Reverses Injunction
- Florida Prisoners Not Required to File Rulemaking Petition to Satisfy PLRA Exhaustion Requirement, by David Reutter
- News in Brief
More from David Reutter:
- Texas Court of Criminal Appeals Announces Order of Deferred Disposition Not a ‘Sentence’ Under Article 44.01(b)—Which Authorizes State to Appeal Illegal Sentence—Resolving Split Among State Courts of Appeals, April 15, 2025
- Fifth Circuit: Sentence Enhancement for Maintaining Drug Premises Not Satisfied Solely by Defendant’s Single, Conclusory Statement That He ‘Maintained’ Premises When Record Shows Mere ‘Use’ of Premises, April 15, 2025
- Illinois Pretrial Incarceration Becomes Less Random A Year After Elimination of Cash Bail, April 1, 2025
- Philadelphia Agrees to $9.1 Million Settlement for Wrongful Murder Conviction, Feb. 15, 2025
- ‘Fictional Pleas’ and ‘Hidden Departures’: Failure to Collect Data on Binding Federal Plea Bargains Hinders Researchers, Feb. 15, 2025
- First Circuit: Two-Level Enhancement Under § 3B1.1(c) for Leadership or Managerial Role Vacated Because Government Failed to Prove Defendant’s Order Was Actually ‘Obeyed’ by Fellow Criminal Participant, Feb. 15, 2025
- Texas Court of Criminal Appeals Holds Witness Wearing Surgical Mask During Pandemic Is Denial of Sixth Amendment Right to Face-to-Face Confrontation and No General Exception to This Right for Pandemic or ‘Other Global Events’ Such as Wars and Natural, Feb. 15, 2025
- The Murky Waters of Parole, Feb. 1, 2025
- California Prisoner Awarded Over $1.26 Million in Suit Challenging Withheld Legal Mail Which Resulted in Habeas Loss, Jan. 15, 2025
- Muslim New York Prisoner’s Free Exercise of Religion Claim Reinstated, Jan. 15, 2025
More from these topics:
- 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.
- D.C. Circuit Reverses Dismissal of Federal Prisoner’s Complaint Due to PLRA Three-Strikes Rule, April 1, 2025. Medication, Administrative Exhaustion (PLRA), Pending Appeals.
- Fourth Circuit Revives West Virginia Prisoner’s RLUIPA Claim Over Religious Diet with Soy He Can’t Digest, Jan. 15, 2025. State Law Claims, RLUIPA, Religious Diet.
- Seventh Circuit Lets BOP Restrict Access to Federal Register from Prison in Illinois, Dec. 15, 2024. Court Access, Administrative Procedures Act (State), Bureau of Prisons (BOP).
- Sixth Circuit Sets Up Circuit Split with Ruling on Michigan Prisoner’s PLRA Exhaustion Dispute, Oct. 15, 2024. Administrative Exhaustion (PLRA), Prison Litigation Reform Act (PLRA).
- Washington Court of Appeals: PLRA Dismissal of Prisoner’s Federal Suit Is Not Res Judicata Barring State Tort Claims, Sept. 15, 2024. Administrative Exhaustion (PLRA), Res Judicata, Federal Tort Claims Act (FTCA).
- Sixth Circuit Revives Ohio Prisoner’s Retaliation Claim That Guards Got Him Kicked Out of Religious Group, July 1, 2024. Religious Discrimination, Retaliation for Filing Grievances, RLUIPA.
- Fifth Circuit: Texas Prisoner’s Declaration Alone Sufficient to Send PLRA Exhaustion Dispute to Trial, July 1, 2024. Administrative Exhaustion (PLRA), Summary Judgment, Summary Judgment/Judgment N.O.V., Prison Litigation Reform Act (PLRA).