×
You've used up your 3 free articles for this month. Subscribe today.
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 …
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:
- 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
- Hear Us Now? Hearing Impaired Tennessee Prisoners Secure Injunction
- Private Prisons Hold Almost 100,000 Prisoners, 8% of Total U.S. Prison Population
- 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
- Washington Agencies Sanctioned for Discovery Violations Reach $3.1 Million Settlement with Disabled Woman Allegedly Abused at State Sanctioned Home
- Former L.A. County Jail Detainees Denied Promised Sentence Credits
- N.H.’s First Black Sheriff Charged With Embezzling $19,000
- Former Florida Guard Gets Five Years for Fatal Assault on Mentally Ill Prisoner
- 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
- The Good That Prisoner Rights Lawyers Do
- Oklahoma Prisoner Uses COVID-19 Stimulus Check to Overturn Conviction
- 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:
- Sixth Circuit Announces State-Law Exceptions to Appeal Deadlines Preserve “Pending” Status Under AEDPA, Holding Belated-Appeal Procedures Toll Federal Habeas Limitations Period, April 1, 2026
- Florida Supreme Court Announces Rule 3.170(f)’s Good-Cause Plea-Withdrawal Standard Does Not Apply at Post-Appeal Resentencing, April 1, 2026
- Colorado Supreme Court Announces Defendant Must Be Competent Before Undergoing Mental-Condition Examination Under § 16-8-107(3)(b), April 1, 2026
- California Court of Appeal Announces Plea Agreements Cannot Bar § 1172.1 Resentencing, Holds Merit-Based Denial of Petition Is Appealable, April 1, 2026
- Georgia Supreme Court Clarifies That Failure to Object to Ineligible Juror Does Not Constitute Waiver Unless Party Knew or Could Have Discovered Ineligibility Through Ordinary Diligence, April 1, 2026
- Washington State Guard’s Conviction Affirmed in Self-Inflicted Gunshot Wound Scheme, March 1, 2026
- Massachusetts Supreme Judicial Court Holds Motion Judge Abused Discretion by Denying Evidentiary Hearing on IAC Claim Where Plea Counsel’s Affidavit Was Not Inherently Inconsistent With Colloquy Statements Regarding Immigration Advice, March 1, 2026
- Washington Supreme Court Clarifies Double Jeopardy Analysis for Multiple Assault Convictions, Holding That Assaultive Acts Occurring Over Short Time Period in Same Location Without Intervening Events Constitute Single Course of Conduct, March 1, 2026
- New Jersey Supreme Court Reverses Drug Convictions Under Cumulative Error Doctrine, Holding Combined Effect of Improper References to Television Series, Gun Violence, and Search Warrants Deprived Defendant of Fair Trial, March 1, 2026
- New York Court of Appeals Announces Coercive Police Tactics Compelling Suspect to Exit Home Constitute “Constructive Entry” Violating Payton, Holds Attenuation Analysis Applies to Third-Party Consent, March 1, 2026
More from these topics:
- Texas Officials Testify That Cost to Air Condition Prisons Tops $1.5 Billion, May 1, 2026. Eighth Amendment, Exposure to Heat, Administrative Exhaustion (PLRA), Deliberate Indifference, Prison Litigation Reform Act (PLRA).
- Ohio Supreme Court Awards Prisoner $1,000 for Denied Records Request, April 1, 2026. Administrative Exhaustion (PLRA), Damages, Public Records, Public Records Act.
- 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.
- Eleventh Circuit: District Court Erred in Dismissing BOP Prisoner’s Medical Claim, Finds Prison Officials Made Administrative Remedies Unavailable, March 1, 2026. Systemic Medical Neglect, OB/GYN, Failure to Treat, Administrative Exhaustion (PLRA), Deliberate Indifference.
- 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.
- SCOTUS Hears Oral Arguments on Rastafarian Hair-Cutting Case, Jan. 1, 2026. RLUIPA, Religious Practices, Damages - Compensatory, Wrongful Use of Force, Religious Land Use and Institutionalized Persons Act (RLUIPA).
- U.S. District Court in Arizona Grants Summary Judgment in Favor of Prisoner Denial of Forms for Challenging 455 Days of Solitary, Jan. 1, 2026. Totality of Conditions, Administrative Exhaustion (PLRA), Control Units/SHU/Solitary Confinement, Chemical Spraying of Mentally Ill Inmates, Deliberate Indifference.
- Second Circuit Vacates Finding that Prisoner Failed to Exhaust Administrative Remedies; Remands Conditions of Confinement and Due Process Claims, Dec. 1, 2025. Totality of Conditions, Failure to Protect (General), Administrative Exhaustion (PLRA), Municipal Liability, Ad-Seg Hearings.
- Eighth Circuit: Former Prisoner’s Amended Complaint Filed After Release Not Subject to PLRA Exhaustion Requirement, Dec. 1, 2025. Failure to Treat, Administrative Exhaustion (PLRA), Complaints, Cruel and Unusual Punishment, Deliberate Indifference.
- 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.

