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BOP Suits Require Administrative Exhaustion by John Rourke is a federal prisoner. He filed suit seeking injunctive relief alleging that prison officials had denied him medical care and arbitrarily imposed disciplinary sanctions against him. The district court dismissed the suit without prejudice as frivolous, before service on the defendants, holding …
Article • January 15, 1994 • from PLN January, 1994
Conditions Habeas Requires Administrative Exhaustion by Raleigh Irby is a prisoner at the federal Metropolitan Correctional Center (MCC) in Chicago. He petitioned the district court for release under 28 U.S.C. § 2241 (the habeas corpus statute) because he was not receiving adequate medical treatment for severe congenital disk disease. The …
Law of Medical Treatment Explained by Ed Mead By Ed Mead Case Goes to Trial Over $12.40 Pair of Glasses Aprisoner at the Iowa State Penitentiary (ISP), Dean Benter, filed a suit under 42 U.S.C. § 1983, alleging he was subjected to cruel and unusual punishment in violation of the …
Article • October 15, 1993 • from PLN October, 1993
Grievance System Sham by John Gerteisen This letter is directed specifically at inmates within the Florida Department of Corrections, but may be of interest to any prisoner utilizing the grievance procedure in their state. If the grievance procedure is "certified," as it is in the State of Florida, exhausting administrative …
Article • September 15, 1993 • from PLN September, 1993
Grievance Appeals Necessary by Leck II, Jack Being incarcerated now for over nine years between the federal BOP and the state of Alaska, I have found that many prisoners who file grievances do not follow up on them. Many get "pissed off" and go with that attitude when initially filing …
Article • August 15, 1993 • from PLN August, 1993
Federal Tort Claims Act Requires Exhaustion by William McNeil was a federal prisoner who was without counsel when he filed his suit under the Federal Tort Claims Act (FTCA). The complaint sought money damages arising from his alleged injury by the U.S. Public Health Service. McNeil submitted a claim for …
Grievance Procedure Tolls Statute of Limitations by William Gartrell is a Texas state prisoner. He filed suit under § 1983 claiming prison officials conspired to file trumped up disciplinary charges against him in retaliation for his legal activities; the disciplinary hearing and grievance procedure did not comport with due process; …
Infraction Suits Must Exhaust Administrative Remedies by L. Markham is an Indiana state prisoner. He lost 243 days of earned good time in a series of disciplinary proceedings. Under Indiana DOC regulations prisoners can appeal the loss of good time credits to prison officials within 10 days of the hearing, …
Article • December 15, 1992 • from PLN December, 1992
BOP Prisoners Don't Need to Exhaust Administrative Remedies by BOP Prisoners Don't Need To Exhaust Administrative Remedies Donald Cooney is a federal prisoner who was infracted for insolence to a staff member, found guilty and removed from his job position as a sanction. Cooney began an administrative review of the …
Article • November 15, 1992 • from PLN November, 1992
BOP Prisoners Must Exhaust Administrative Remedies by PLN recently reported the U.S. Supreme Court decision in McCarthy v. Madigan , 503 US ___, 112 S.Ct. 1081 (1992), which held that federal prisoners did not have to exhaust administrative remedies (the grievance system) prior to filing suit in federal court. In …
Article • November 15, 1992 • from PLN November, 1992
Grievance Standards Changed by The Justice Department has modified the minimum standards for state prison inmates grievance procedures promulgated by the US Attorney General pursuant to § 7 of the Civil Rights of Institutionalized Persons Act, 42 U.S.C. § 1997. The amendment is designed to clarify that the regulations do …
Federal Prisoner Must Exhaust BOP Remedies Before Seeking Habeas Corpus Relief by Federal prisoner Ivan Gonzalez was convicted of possession with intent to distribute three kilograms of cocaine. He was sentenced to five years of imprisonment. The U.S. Parole Commission calculated a presumptive parole date of May 30, 1990. When …
Article • July 15, 1992 • from PLN July, 1992
Federal Cons Needn't Exhaust Administrative Remedies by A prisoner in a federal correctional institution filed a civil rights lawsuit seeking damages only for alleged deliberate indifference to his medical needs resulting from a back operation and a history of psychiatric problems. The suit was brought pursuant to Bivens v. Six …
Article • August 15, 1991 • from PLN August, 1991
Grievance System Does Not Create Liberty Interest by A federal prisoner brought a Bivens action against the prison warden and case manager for denying him access to the prison grievance system. The district court granted summary judgment to prison officials and the court of appeals affirmed. The court of appeals …
Prisoners and the Grievance System by Prisoners And The Grievance System By Paul Wright The Washington Department of Corrections (DOC) and many others have grievance systems to resolve complaints within the prison system rather than going to court to settle them. Many prisoners are skeptical of the grievance system as …
Banks v. Norton, CT, Opinion, Prison Administrative Grievance Procedure, 1972 346 F.Supp. 917 (1972) Arthur Burghardt BANKS v. John J. NORTON, Warden, Federal Correctional Institution, Danbury, Connecticut. Mitchell SNYDER v. John J. NORTON, Warden, Federal Correctional Institution, Danbury, Connecticut. Robert STENNETT v. John J. NORTON, Warden, Federal Correctional Institution, Danbury, …
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