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Fourth Circuit Excuses Maryland Prisoner From Exhaustion Requirement in PREA Claim
by Douglas Ankney
In what was otherwise a disappointing ruling for a Maryland prisoner, the United States Court of Appeals for the Fourth Circuit held on June 14, 2024, that a prisoner need not exhaust administrative remedies before filing suit accusing officials of sexual misconduct that is not specified in ...
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More from this issue:
- Houston Jail Cited for State-Law Violations Twice in a Month
- California Stops Raiding Released Prisoners’ Gate Money
- Ninth Circuit: No Exception to Due Diligence in Discovery Even for “Conclusive Evidence”, by Anthony Accurso
- GTL, Co-Defendant Agree to $21.3 Million Settlement with HRDC in Price-Fixing Lawsuit
- Alabama Governor Commutes Death Sentence
- Nurse Charged, $2.6 Million Settlement Reached in Minnesota Jail Death
- Muslim Prisoners Face Price-Gouging
- Ninth Circuit: Posting Jail Mugshots on Arizona County’s Website Violates Substantive Due Process
- Georgia Fights Liability for Strip-Searching Prison Visitor, Nevada Pays $126,500
- News in Brief
- Deaths, Deplorable Conditions, Staff Misconduct Plague Memphis Jail
- From the Editor, by Paul Wright
- Porn Produced by Georgia Prisoners
- No State Oversight of Overcrowded, Understaffed, and Non-Compliant Idaho Jails
- No Sunshine on In-Custody Deaths in Sunshine State
- $1.35 Million in Settlements for One-Legged San Francisco Detainee Forced to Hop—Twice
- Self-Harming Wisconsin Prisoner Settles Failure-to-Protect Suit for $7,000, by Sam Rutherford
- Biden Clemency Recipients Included Virginians Sentenced for “Acquitted Conduct”
- 14 Overdoses in Two Weeks Leave One Dead at Phoenix Jail
- “Swing or Kick Rocks”: BOP Guard Alleges Conspiracy to Brutalize Prisoners at Kentucky Lockup
- Tucson Program Slashes Pretrial Misdemeanor Incarceration
- Tenth Circuit Stretches PLRA to Deny Claim of Colorado Prisoner Shot by Guard While Shackled, by Douglas Ankney
- $42 Million Jury Award for Detainees Tortured by U.S. Military at Abu Ghraib Prison
- Pardoned Insurrectionists Brought to D.C. Jail Demanded Others’ Immediate Release
- A Song for Condemned Alabama Prisoner
- Three Former Virginia Jailers Charged After Detainee Dies in “WRAP” Restraint
- National Class Certified in Washington Jail Debit-Release Card Suit
- Former Indiana Jailer Walks from Charges Over “Night of Terror”
- Three More Prisoners Die, Three More Staffers Fired at Wisconsin Prison
- Jailing the Homeless: New Data Shed Light on Unhoused People in Local Jails, by Leah Wang
- Wisconsin DOC Agrees to Improve Services for Hearing-Impaired Prisoners
- Fourth Circuit Excuses Maryland Prisoner From Exhaustion Requirement in PREA Claim, by Douglas Ankney
- Shrewd Federal Prisoner Salvages $5,000 from Suit Against Arkansas Jail Where He Was Held Pre-Trial, by Anthony Accurso
More from Douglas Ankney:
- Beyond a Reasonable Doubt? Fingerprint Evidence’s Troubling Flaws, April 15, 2025
- Tenth Circuit Stretches PLRA to Deny Claim of Colorado Prisoner Shot by Guard While Shackled, April 1, 2025
- Fourth Circuit Excuses Maryland Prisoner From Exhaustion Requirement in PREA Claim, April 1, 2025
- Massachusetts Supreme Judicial Court Announces State Wiretap Statute Requires Suppression of Both Audio and Video Components of Audiovisual Footage of Unlawfully Intercepted Oral Communication Showing Defendant as Party to Communication, March 15, 2025
- California Court of Appeal Vacates Sentence Where Trial Court Imposed Sentence Under ‘One Strike’ Enhancement Statute Enacted After Crimes Were Committed, March 15, 2025
- Nevada Supreme Court: Theft Offenses and Possessing or Receiving Stolen Property Offenses Are Mutually Exclusive and Double Jeopardy Protections Bar Conviction for Both Offenses When Based on Same Conduct, March 15, 2025
- Maryland Supreme Court: Trial Court Abused Its Discretion by Failing to Exercise That Discretion Where It Summarily Refused Requested Jury Instruction Because It Was a Non-Pattern Instruction and ‘Some Evidence’ Supported the Instruction, March 15, 2025
- $100,000 Settlement Reached in New York Prisoner’s Solitary Confinement Suit, After Jury for First Time Finds Practice Violates Eighth Amendment, March 1, 2025
- Community Supervision: America’s Hidden Wellspring to Mass Incarceration, Feb. 15, 2025
- Rikers Island Continues Long Practice of Denying Education to Young Adults, Feb. 15, 2025
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.
- Former Indiana Jailer Walks from Charges Over “Night of Terror”, April 1, 2025. Staff-Prisoner Assault, Prison Rape Elimination Act.
- Porn Produced by Georgia Prisoners, April 1, 2025. Guard Misconduct, Prison Gangs, Prison Rape Elimination Act, Internet, Pornography/Pornography Laws, Searches - Cellphones/Computers/Internet, Criminal Sexual Abuse.
- “Lady al-Qaeda” Sues BOP for Guards’ Sexual Assaults, March 1, 2025. Staff-Prisoner Assault, Prison Rape Elimination Act.
- 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).
- 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).
- Federal Sentencing Guidelines Place Heavy Burden on Incarcerated Victims of Sexual Assaults, July 1, 2024. Staff-Prisoner Assault, U.S. Sentencing Guidelines, Prison Rape Elimination Act.
- 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).