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U.S. District Court in Arizona Grants Summary Judgment in Favor of Prisoner Denial of Forms for Challenging 455 Days of Solitary by Douglas Ankney by Douglas Ankney On November 22, 2024, the U.S. District Court for the District of Arizona sua sponte granted summary judgment to transgender prisoner Oscar Contreras …
Wisconsin Prisoner Wins in Seventh Circuit Review of Exhaustive Remedies Case by Michael Thompson by Michael Thompson On December 16, 2016, James Breyley, a prisoner at the New Lisbon Correctional Institute in Juneau County, was punched in the face “ten times, severely fracturing his nose.” A doctor subsequently instructed him …
$95,000 Settlement for Trans BOP Prisoner Assaulted by Cellmate in Arizona Lockup by Chuck Sharman by Chuck Sharman On March 3, 2025, the U.S. District Court for the District of Arizona granted dismissal to a group of cases filed by federal prisoner Jeremy “Grace” Pinson, 39, after she agreed to …
Eighth Circuit: Former Prisoner’s Amended Complaint Filed After Release Not Subject to PLRA Exhaustion Requirement by Chuck Sharman by Chuck Sharman On May 22, 2025, the U.S. Court of Appeals for the Eighth Circuit refused a request by officials with the Minnesota Department of Corrections (DOC) for a rehearing before …
Second Circuit Vacates Finding that Prisoner Failed to Exhaust Administrative Remedies; Remands Conditions of Confinement and Due Process Claims by Douglas Ankney by Douglas Ankney On December 30, 2024, the U.S. Court of Appeals for the Second Circuit vacated a district court’s judgment that had held that prisoner plaintiff Clint …
Appeals Court Allows Illinois Prisoner’s Suit for Failure to Exhaust Administrative Remedies by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Seventh Circuit ruled on December 23, 2024 that a district court erred in dismissing, without a hearing, prisoner-plaintiff Henry Jones’s 42 U.S.C. section 1983 complaint …
Article • November 1, 2025 • from PLN November, 2025
Sixth Circuit Clarifies What Constitutes PLRA “Strike” and Reinstates Michigan Prisoner’s Lawsuit by Matthew Clarke by Matt Clarke On July 25, 2025, the United States Court of Appeals for the Sixth Circuit clarified what constitutes a “strike” for purposes of the Prison Litigation Reform Act’s (PLRA) “three-strikes” rule, 28 U.S.C. …
Preliminary Injunction Halts Solitary Confinement of Mentally Ill Prisoners at New York Lockup Where Wildcat Guard Strike Began by Chuck Sharman by Chuck Sharman On September 15, 2025, the U.S. District Court for the Northern District of New York issued a preliminary injunction ordering the state Department of Corrections and …
Appeals Court Rules Michigan’s Tolling Provision Is Not Inconsistent with the PLRA by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Sixth Circuit ruled on January 29, 2025 that Michigan’s tolling provision codified in Mich. Comp. Laws section 600.5856 is not inconsistent with the Prison Litigation …
Article • October 1, 2025 • from PLN October, 2025
Ninth Circuit Springs California Prisoners from “Catch-­22” Reading of PLRA by Chuck Sharman by Chuck Sharman In Joseph Heller’s 1961 novel Catch-­22, WWII airmen faced a conundrum: They could be relieved from duty for insanity, but any request to be relieved was treated as evidence that they were sane. The …
Article • August 1, 2025 • from PLN August, 2025
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 Since the passage almost 30 years ago of the Prison Litigation Reform Act (PLRA), 42 U.S.C. § 1997e, prisoners have been required prior to filing suit against …
Ninth Circuit: Continuing-Violations Doctrine Applies for PLRA Administrative Exhaustion Purposes by David Reutter On December 31, 2024, the U.S. Court of Appeals for the Ninth Circuit held that a prisoner “need not file repeated grievances if the (prisoner) has identified one continuing harm or a single course of conduct [of] …
Ninth Circuit Revives Prisoner’s Claim Based on Guard’s Thwarting of Administrative Remedies by David Reutter The U.S. Court of Appeals for the Ninth Circuit reversed the dismissal of a prisoner’s civil rights action for the failure to exhaust administrative remedies. The Court found the prisoner was “reliably informed” by a …
Sixth Circuit: Michigan Tolling Statute Applies to PLRA Administrative Exhaustion Requirement by David Reutter On January 29, 2025, the U.S. Court of Appeals for the Sixth Circuit held that Michigan’s “tolling provision” does not affect the administrative remedy exhaustion requirement in the Prison Litigation Reform Act (PLRA), 42 U.S.C. § 1997e. …
Article • June 1, 2025 • from PLN June, 2025
Eighth Circuit Excuses Missouri Prisoner’s Failure to Exhaust Remedies While He Was In a Coma by Douglas Ankney On November 15, 2024, the U.S. Court of Appeals for the Eighth Circuit reinstated a deliberate indifference claim lodged by Missouri prisoner Tremonti Perry, whose alleged medical neglect left him in a …
Study Finds Just 1% of Prisoner’s Eighth Amendment Claims Succeed by In a report published on December 19, 2024, Business Insider found just 1% of prisoners succeeded in claims against prison officials for violating the Eighth Amendment ban on “cruel and unusual” punishment. To arrive at that figure, researchers combed …
Article • April 1, 2025 • from PLN April, 2025
Tenth Circuit Stretches PLRA to Deny Claim of Colorado Prisoner Shot by Guard While Shackled by Douglas Ankney by Douglas Ankney In a maddening decision issued on July 16, 2024, the United States Court of Appeals for the Tenth Circuit managed to dismiss the excessive-force claim of a Colorado prisoner …
Article • April 1, 2025 • from PLN April, 2025
Fourth Circuit Excuses Maryland Prisoner From Exhaustion Requirement in PREA Claim by Douglas Ankney 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 …
Article • April 1, 2025 • from PLN April, 2025
D.C. Circuit Reverses Dismissal of Federal Prisoner’s Complaint Due to PLRA Three-Strikes Rule by In a ruling on October 18, 2024, the United States Court of Appeals for the District of Columbia Circuit revived a case filed by federal prisoner Michael S. Owlfeather-Gorbey. A “prolific litigator” housed at the U.S. …
Article • October 15, 2024 • from PLN October, 2024
Sixth Circuit Sets Up Circuit Split with Ruling on Michigan Prisoner’s PLRA Exhaustion Dispute by 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, …
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