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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 ...
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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
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- “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
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- 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
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- Two Who Escaped from Arkansas Jail Recaptured
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- 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:
- 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.
- Pittsburgh Lockup Accounts for 43% of Pennsylvania Jail TASER Use, Suit Filed, May 1, 2025. Guard Brutality/Beatings, Stun Guns/Tasers, Prison Litigation Reform Act (PLRA).
- 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.
- Sixth Circuit: Dismissals of Mixed-Claim Complaints Not Strikes Under PLRA, April 1, 2025. Dismissal, Prison Litigation Reform Act (PLRA), Three Strike Litigants.
- 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.