×
You've used up your 3 free articles for this month. Subscribe today.
Fifth Circuit: Texas Prisoner’s Declaration Alone Sufficient to Send PLRA Exhaustion Dispute to Trial
Loaded on July 1, 2024
published in Prison Legal News
July, 2024, page 11
Filed under:
Administrative Exhaustion (PLRA),
Summary Judgment,
Summary Judgment/Judgment N.O.V.,
Prison Litigation Reform Act (PLRA).
Location:
Texas.
On January 31, 2024, the U.S. Court of Appeals for the Fifth Circuit held that a Texas prisoner’s uncorroborated declaration outlining steps he took to exhaust administrative remedies through the state Department of Criminal Justice (TDCJ) grievance process was sufficient to create a genuine issue of material fact, thereby surviving ...
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:
- Alaska’s Prison System: Dangerous, Deadly Yet Repeating Past Mistakes, by David Reutter
- From the Editor, by Paul Wright
- For Beating Handcuffed Prisoners, Former Alabama Guard Supervisor Gets 87 Months
- North Carolina’s Largest City Elects First Ex-Prisoner to Council
- Fifth Circuit: Texas Prisoner’s Declaration Alone Sufficient to Send PLRA Exhaustion Dispute to Trial
- Four BOP Guards Sentenced for Three Federal Prisoner Assaults at Kentucky Lockup
- Seventh Kentucky Guard Sentenced for Restrained Prisoner’s Beat-down
- “Botched” and “Ill-Conceived”: BOP Slammed for Plan to Close California Lockup Known as “Rape Club”
- Idaho Stopped From Repeatedly Scheduling Executions That It Cannot Carry Out, by Douglas Ankney
- Securus Wipes Out Months of Washington Prisoners’ Writing—Again
- “You Just Broke My Neck”: Ohio Detainee Sues Jail Where Guards Are Accused of Multiple Assaults
- In New Jersey, Yet More Privileged Phone Calls Between Prisoners and Attorneys Recorded and Used by Prosecutors, by Douglas Ankney
- Federal Watchdog Slams BOP for Sham Accreditations, by Matthew Clarke
- BOP Hires Sentencing Reform Advocate
- Cleveland Jail Warden Dismissed After Asking for More Reentry Assistance for Detainees
- Exonerated Prisoner Sues New York City for 16 Years of Wrongful Incarceration
- Oregon Parole Board Ordered to Consider Sex-Offense-Free Time When Setting Sex Offender Notification Levels
- Third Circuit Denies Qualified Immunity to Pennsylvania Jail Guards and PrimeCare in Detainee’s Overdose Death, by David Reutter
- Ninth Circuit: Alleged Denial of Hepatitis C Treatment to Federal Prisoner in Washington Presents Valid Bivens Claim, by David Reutter
- Colorado Program Employs Prisoners as Professors
- Washington, Virginia Advance Bills to Make Prison Calls Free
- Decoding Recidivism: Unraveling Its Complex Metrics and Real Impact
- Georgia Sheriff Takes $160,000 Kickback from Pay Tel for Video Visitation
- Hope Against Hope, by Daryl Waters
- Tennessee DOC Faulted for High Staff Vacancy and Turnover, Inadequate Programs, PREA Violations
- “You Are Not Above the Law”: Former Indiana Sheriff Jailed for Contempt of Court
- $15,000 Net Award for Georgia Prisoner’s Delayed Hep-C Treatment, by David Reutter
- West Virginia Slammed for High Costs, Low Quality of Privatized Prison Food
- CoreCivic Sued by Former Detainee Stabbed at Shuttered Kansas Jail, by David Reutter
- $500,000 for Texas Teen Sodomized in Jail
- Seventh Circuit Finds No Problem With Surveillance of Chicago Detainees on Toilets, by David Reutter
- Warden, Eight Employees Arrested After Four Deaths at Wisconsin Prison in Eight Months
- Pell Grant Restoration Not Reaching All Prisoners
- Colorado Jail Guard Must Stand Trial for Opening Accused Sex Offender’s Cell, Subjecting Him to Assault, by David Reutter
- Wrongfully Convicted Michigan Prisoners Wait for Compensation
- Illinois Prisoner Awarded Over $822,000 For Hernia Care Denied by Wexford Health, by Douglas Ankney
- Minnesota Jailers Shrug Off Detainee’s Agony from Fatal Perforated Bowel as Withdrawal Symptoms
- Hearing-Impaired Massachusetts Prisoners Win ADA Case
- Virginia Legislature Tables “Second-Look” Bills
- Federal Sentencing Guidelines Place Heavy Burden on Incarcerated Victims of Sexual Assaults, by David Reutter
- Pennsylvania Supreme Court Slows the Hand That State DOC Sticks Into Prisoners’ Pockets, by David Reutter
- Seventh Circuit Affirms Dismissal of Retaliation Claim By Federal Prisoner Against Guard in Illinois Lockup Who Saw Grievance Against Him, by Matthew Clarke
- $8.9 Million Settlement Reached for N.Y. Prisoner’s Death Following Guards’ Baton Beating, by David Reutter
- Mentally Ill Detainee Allegedly Tasered and Starved to Death At South Carolina Jail
- Maryland County Wins Fight to Let Bureaucrats Make Pretrial Release Decisions, by David Reutter
- Eighth Circuit Largely Restores Qualified Immunity to Minnesota Jail Guards in Use of Force on Bipolar Prisoner, by David Reutter
- Maryland Prisoner Prevails in Challenge to Denial of Public Records Requests
- $2 Million Settlement in Death of Mentally Disabled Detainee Stripped of Anti-Seizure Device at Colorado Jail, by David Reutter
- Two Who Escaped from Arkansas Jail Recaptured
- Despite Unemployment Spike, Alabama Refuses Prisoners Work-Release Paroles
- Ohio Supreme Court Says Prisoner’s ‘Kite’ Is Public Record, But Denies Damages for Withholding It, by Matthew Clarke
- $56.7 Million Awarded to “Harlem Park Three,” Exonerated of Baltimore Murder After 36 Years in Prison, by David Reutter
- Missouri Muslim Prisoners Advance Suit Against Guards For Assault During Prayer, by Douglas Ankney
- Sixth Circuit Revives Ohio Prisoner’s Retaliation Claim That Guards Got Him Kicked Out of Religious Group, by David Reutter
- $4 Million Settlement in Class Action Challenging Unconstitutional Conditions at West Virginia Jail, by David Reutter
- Transgender Maryland Prisoner’s Suit Accuses Guard of Shower Rape
- Two Prisoners Removed from Texas Death Row Due to Intellectual Disability, by David Reutter
- News in Brief
More from these topics:
- Fourth Circuit Revives Claims Against Virginia Jailers by Detainee They Allegedly Manhandled While Handcuffed, Feb. 15, 2025. Videotaping, Guard Brutality/Beatings, Restraints, Summary Judgment, Physical Injury/Restraint.
- Sixth Circuit Revives Challenge by Kentucky Prisoner Left Three Weeks in “Rancid” Paper Undershorts, Feb. 15, 2025. Informants, Clothing, Sanitation, Summary Judgment, Deliberate Indifference.
- Seventh Circuit Offers Wisconsin Prisoner Just a Little Help in Suit Alleging He Was Held in Feces-Stained Cell Without Water, Feb. 15, 2025. Sewage, Water, Sanitation, Summary Judgment.
- 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).
- TDCJ Denied Summary Judgment In Suit by Prisoner Who Missed Grievance Deadline Because Guard’s Assault Left Him In a Coma, Sept. 15, 2024. Staff-Prisoner Assault, Guard Brutality/Beatings, Summary Judgment.
- Second Circuit: New York Prisoner’s Prior Cases Not PLRA Strikes, Sept. 15, 2024. 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).
- Indiana Supreme Court Says “Summary Judgment Is Not Summary Trial,” Remanding State Prisoner’s Malpractice Claim to a Jury, Aug. 15, 2024. Malpractice (Attorneys), Summary Judgment, Resentencing, Remands/Rehearings/Resentencings.
- “Third Time Is Not the Charm” For Texas Jailers Barred by PLRA from Enforcing Prior Settlement Agreement Against Prisoner in New Suit, May 1, 2024. Jail Specific, PLRA, Settlements, Attorney Calls, Civil Settlement - Effect of, Prison Litigation Reform Act (PLRA), Wiretaps/Wiretap Evidence.
- Eleventh Circuit Calls Georgia Prisoner’s Dismissed Suit Outside PLRA “Strike Zone”, April 1, 2024. Administrative Exhaustion (PLRA), Three Strike Litigants.