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Sixth Circuit Sets Up Circuit Split with Ruling on Michigan Prisoner’s PLRA Exhaustion Dispute
Loaded on Oct. 15, 2024
published in Prison Legal News
October, 2024, page 33
Filed under:
Administrative Exhaustion (PLRA),
Prison Litigation Reform Act (PLRA).
Location:
Michigan.
Before a prisoner can sue under 42 U.S.C. § 1983, he must exhaust any administrative remedies available to him; that is the threshold requirement of the Prison Litigation Reform Act (PLRA), 42 U.S.C. § 1997e. Not infrequently, a court is asked to resolve factual dispute over satisfaction of that requirement; but what ...
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More from this issue:
- FCC Slashes Prison and Jail Phone Rates, Caps Video Call Cost, Eliminates “Site Commission” Kickbacks
- From the Editor
- Missouri Prisoner Executed After Making—and Losing—New Plea Deal
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- At Oklahoma Lockup: Deputy Warden Fired and Arrested in Smuggling Scheme, Guards Charged in Prisoner’s Assault
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- Maine State Prison Warden Replaced As Misconduct Allegations Investigated
- Texas Holds 1 in 41 Prisoners in Solitary Confinement
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- Mistrial for Vermont Sheriff Who Kicked Shackled Detainee
- Missouri Prisoners Losing Reentry Money to “Incarceration Reimbursement”
- Georgia Guard Gets 15 Years for Using One Prisoner to Assault Another
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- New TV Show Dramatizes Prisoner’s Re-entry
- Alaska Supreme Court: DOC Can’t Unilaterally Redefine ‘Parole Release Date’, by Douglas Ankney
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- News in Brief
More from these topics:
- Tenth Circuit Stretches PLRA to Deny Claim of Colorado Prisoner Shot by Guard While Shackled, April 1, 2025. Administrative Exhaustion (PLRA), Shootings.
- 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).
- 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).
- “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.
- Finding Indiana Grievance Process “Unavailable,” Federal Judge Grants Summary Judgment to 22 Prisoners on Same Day, April 1, 2024. PLRA, Administrative Exhaustion (PLRA), Prison Litigation Reform Act (PLRA).
- Muslim Florida Prisoner Awarded Permanent Injunction to Grow Untrimmed Beard, March 1, 2024. Administrative Exhaustion (PLRA), Injunctions, RLUIPA, Religious Land Use and Institutionalized Persons Act (RLUIPA), Right to Grow a Beard.
- Sixth Circuit Revives Suit by Pregnant Mentally Ill Michigan Detainee Allegedly Kicked in Her Womb by Jail Guard, Losing Baby, Feb. 1, 2024. Administrative Exhaustion (PLRA), Guard Brutality/Beatings, Excessive Force (Wrongful Death), Failure to Treat (Mental Illness).
- Second Circuit Revives N.Y. Prisoner’s Suit Over Sing Sing Fire, 11 Other Prisoners Split $220,000 Settlement, Jan. 1, 2024. Failure to Protect (General), Fire Hazards, Administrative Exhaustion (PLRA), Summary Judgment, Evidentiary Ruling, Administrative Exhaustion.