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Sixth Circuit Holds Dismissal Not Automatic When Plaintiff Simultaneously Files Same Claims in State Court
The U.S. Court of Appeals for the Sixth Circuit reversed a district court’s dismissal of a plaintiff’s claim of retaliation, finding the district court misapplied a waiver doctrine that prevented persons from filing the same claim in state and federal courts.
Lionel Harris is a prisoner at the …
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More from this issue:
- Now Under Federal Receivership, New York City’s Rikers Island Jails Still Have No Plan to Improve, No Firm Date to Close, by Chuck Sharman
- From the Editor, by Paul Wright
- Watchdog Calls Out D.C. for Dragging Feet on Construction of New Jail, by Chuck Sharman
- $75,000 for Transgender Maryland Prisoner Raped by Guard, by Chuck Sharman
- Texas Social Workers Challenge Blanket Denial of State Occupational License Based on Youthful Assault Convictions, by Matthew Clarke
- CDCR Held in Contempt, Fined $112 Million in Longstanding Litigation Over Mental Health Care
- Two Exonerated Illinois Prisoners Win Settlements Totaling $14.5 Million, by Chuck Sharman
- California Prisoners Sue Gynecologist for Sexual Abuse, by Casey Bastian
- Oklahoma Prisoner’s Execution Was Expedited by the Trump Administration
- $2.6 Million Paid for Detoxing Washington Jail Detainee Allowed to Leap to His Death, Additional NaphCare Payout Undisclosed, by Chuck Sharman
- Multiple Prisoner Suits Accuse Guards of Violence at Virginia BOP Lockup, by Chuck Sharman
- Sixth Circuit Holds Dismissal Not Automatic When Plaintiff Simultaneously Files Same Claims in State Court, by Anthony Accurso
- Alabama DOC Attorneys Reprimanded for Filing AI-Written Briefs in Prisoner’s Suit, by Chuck Sharman
- Nebraska Considers Curbing Double-Bunking in Restrictive Housing
- FCC Backtracks on 2024 Order to Cut Prison Phone and Video Rates by Half
- $1.2 Million for New York Prisoner Waterboarded by Guards, by Chuck Sharman
- Former Maine Prison Guard Arrested and Detained by ICE Agents
- $15 Million Settlement Reached in San Diego Jail Detainee’s Untreated Withdrawal Death, by Chuck Sharman
- $6.75 Million Settlement Reached in Suit Accusing Massachusetts Guards of Retaliatory Assaults on Prisoners, by Chuck Sharman
- Missouri Prison Nurse Sentenced to 12 Years for Poisoning Husband
- Fifth Circuit Greenlights Federal Takeover of Mississippi Jail, by David Reutter
- $325,000 Paid to Former Wisconsin Prisoner Whose Cancer Biopsy Was Delayed by Previously Disciplined Doctor, by Chuck Sharman
- SCOTUS Partially Overturns Pavey, Holds PLRA Exhaustion Dispute Must Go to Jury Even If Intertwined with Merits of Michigan Prisoner’s Claim, by Chuck Sharman
- Texas Lawmakers Restrict Bail and Raise Criminal Penalties, Punt on Prison and Jail Conditions, by Chuck Sharman
- PLN Publisher Wins Settlement Records from Centurion in Florida Prisoner’s Wrongful Death, by Chuck Sharman
- Prison Gerrymandering Alive and Well in Oklahoma, by Chuck Sharman
- After Judge’s Letter, at Least 22 Former FCI Dublin Prisoners Granted Compassionate Release, by Matthew Clarke
- Ninth Circuit Revives Prisoner’s Claim Based on Guard’s Thwarting of Administrative Remedies, by David Reutter
- $815,000 Settlement in Nevada Class-Action Suit Over Debit Release Cards
- Review: “Reforming the Shadow Carceral State”
- Fourth Circuit Revives Wrongful Conviction Claim of Exonerated Maryland Prisoner, State Pays Him $3.1 Million, by Chuck Sharman
- HRDC Wins $480,000 in Legal Fees from Centurion for Denied New Mexico Records, by Chuck Sharman
- DOJ Tables Controversial Kentucky Prison to Claw Back $500 Million Budget
- Costs of U.S. Incarceration to Families Pegged at Nearly $350 Billion a Year, by Chuck Sharman
- $3,800 Paid to Ohio Prisoner for Denied Records Request, by Chuck Sharman
- Delaware’s ACLU Files Action on Behalf Of Six Prisoners Assaulted During Midnight Raid, by Anthony Accurso
- DOJ Finds Unconstitutional Conditions in Texas Juvenile Detention, by Chuck Sharman
- HRDC Collaborates on Prison Telecom Cost Report to Washington Lawmakers, by Chuck Sharman
- Suit Filed Over Fatal Beating of New York Prisoner That Sparked Massive Guard Strike, by Chuck Sharman
- Over Eight Years in Prison for iCare Founder Who Ran Prisoner Gift Basket Scam, by Chuck Sharman
- Life Sentences, by the Numbers
- Former California Prison Guard Pleads Guilty to Planting Contraband He Pretended to Discover
- Sixth Circuit Upholds $45 Million Verdict for Wrongfully Convicted Former Ohio Prisoner, by Chuck Sharman
- Tenth Circuit Ruling Paves Way for $2.7 Million Settlement for Intellectually Disabled Jail Detainee Raped by Sheriff, by David Reutter
- SCOTUS Clamps Down on Bivens Extension to Prisoner Beaten by BOP Guards at Virginia Lockup, by Chuck Sharman
- Ninth Circuit Agrees That Former Guantanamo Detainee Lacks Grounds to Sue for Waterboarding, by David Reutter
- $1.875 Million Partial Settlement for Colorado Detainee’s Death from Untreated Alcohol Withdrawal; Claims Against Wellpath Pending Bankruptcy, by Chuck Sharman
- $95,000 Paid to Nevada Prisoner Denied Muslim Prayer; Pending Cases Allege Continued Discrimination Against Non-Protestants, by Chuck Sharman
- Life-Sentenced California Prisoner Cannot be Convicted Under Both §§ 4500 and 4501
- On Remand, Eleventh Circuit Clarifies, Affirms Grant of Habeas Relief to Death Row Prisoner
- Qualified Immunity Denied for Iowa Prison Doctor’s MRI Delay for Non-Medical Reasons, by David Reutter
- California Attorney Disbarred for Deceiving Prisoners Seeking Resentencing, by Chuck Sharman
- HRDC Wins Consent Decree, $350,000 in Jail Censorship Suit against California’s Sonoma County, by Chuck Sharman
- DOJ Inspects BOP Food Service Operations, Finds Troubling Issues at Multiple Facilities, by Anthony Accurso
- Tennessee Legislature Passes Bill to Penalize Private Prisons for High Mortality Rates
- Ninth Circuit: Continuing-Violations Doctrine Applies for PLRA Administrative Exhaustion Purposes, by David Reutter
- Nebraska Supreme Court Clarifies Award of Time Served Credit for Non-Citizen Awaiting Extradition, by Matthew Clarke
- Third Circuit Upholds Award of $265,000 to Prisoner Who Was Sexually Assaulted Twice by the Same Guard, by Douglas Ankney
- Shady Firm Awarded $78 Million Contract for Services at Florida’s “Alligator Alcatraz”
- Trump’s “Big Beautiful Bill” Gave Massive Handouts to ICE and Private Prison Industry
- Guaranteed Basic Income Programs for Prisoners Reduce Food Insecurity and Homelessness, by Anthony Accurso
- Sixth Circuit Order Sealing Records in Private Prison Shareholder Suit Vacated, Remanded
- Former Oregon Prison Guard Sergeant Sentenced for Sexually Abusing Imprisoned Women, by Matthew Clarke
- News in Brief
More from Anthony Accurso:
- Virginia Prisoners Stuck Waiting for Education Programs, Feb. 1, 2026
- $939,000 for Nevada Prisoner Left in Wheelchair by Delayed Back Pain Treatment, Jan. 1, 2026
- Ninth Circuit Affirms Exclusion of Plea Agreement’s Factual Basis, Holding Unaccepted “Type A” Plea Agreement Unenforceable to Trigger Waiver of Rule 410 Protections, Dec. 15, 2025
- America’s Deadliest Jails: Tarrant County Edition, Nov. 1, 2025
- Seventh Circuit Dismisses Jail Detainee Suicide Case for Lack of Showing Deliberate Indifference, Nov. 1, 2025
- Protecting Your Digital Privacy, Oct. 15, 2025
- Idaho Supreme Court Announces Warrantless Search of Civilly Committed Individual Violates Fourth Amendment, Oct. 15, 2025
- Michigan Supreme Court Announces Guidance on Standards for Search Warrants of Cellphones to Satisfy Particularity Requirement of Fourth Amendment That “Reasonably Direct” Search to Uncovering Evidence of Criminal Activity Identified in Warrant, Oct. 15, 2025
- Sixth Circuit: Erlinger Error Requires Resentencing Where Government Cannot Prove Beyond Reasonable Doubt That Jury Would Find Prior Offenses Committed on Different “Occasions”, Oct. 15, 2025
- How Nepotism in New York Prisons Cost Prisoners Their Lives, Oct. 1, 2025
More from these topics:
- Incarcerated Women Featured in True Crime Media Face Flood of Sexual Harassment, March 1, 2026. Sexual Harassment, Prison Labor, Hygiene Supplies, Mail, TV/Movies.
- Sixth Circuit Affirms Denial of Qualified Immunity for Michigan Jailer Accused of Retaliatory Assault, Jan. 1, 2026. Retaliation, Guard Brutality/Beatings, Qualified Immunity, 42 U.S. Code § 1983, civil action for deprivation of rights, Deliberate Indifference.
- Fifth Circuit Upholds Dismissal of Suit by Civilly Committed Texan, Dec. 1, 2025. Sex Offenders (Discrimination), Conditions of Confinement, Complaints, Grievances, Civil Commitment.
- 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.
- Florida Sheriff Fires Five Guards for Two Cases of Detainee Abuse, Nov. 1, 2025. Staff-Prisoner Harassment, Jail Misconduct, Retaliation, Suicides, Chemical Spraying of Mentally Ill Inmates.
- $6.75 Million Settlement Reached in Suit Accusing Massachusetts Guards of Retaliatory Assaults on Prisoners, Aug. 1, 2025. Racial Discrimination, Retaliation, Guard Brutality/Beatings.
- Ninth Circuit: Continuing-Violations Doctrine Applies for PLRA Administrative Exhaustion Purposes, Aug. 1, 2025. Failure to Protect (General), Administrative Exhaustion (PLRA), Grievances, Prison Litigation Reform Act (PLRA).
- Ninth Circuit Revives Prisoner’s Claim Based on Guard’s Thwarting of Administrative Remedies, Aug. 1, 2025. Retaliation for Filing Grievances, Administrative Exhaustion (PLRA), Grievances.
- Oregon Prisoners Can Now Seek Economic Damages for Future Lost Income More Easily, July 15, 2025. Retaliation, Settlements, Defamation, Employment Deprivation.
- $95,000 in Settlements for Illinois Prisoners Retaliated Against for Class Participation in Prison Education Programs, July 15, 2025. Retaliation, Education, First Amendment, rights.

