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Suit Against CCA Dismissed For Failure to Exhaust Administrative Remedies by In this civil rights action brought by two prisoners against Corrections Corporation of America (CCA) and several CCA employees, the U.S. Tenth Circuit Court of Appeals held the prisoners had not exhausted their administrative remedies as required by the …
Article • May 15, 2007
PLRA Applies to Juveniles by A New York federal district court has held that the Prison Litigation Reform Act (PLRA) applies to juvenile prisoners, and a juvenile's actions to air his grievance informally satisfied the PLRA's administrative remedy exhaustion requirement. Corey Lewis, a delinquent resident of the Tyron Residential Facility …
One Hundred Fifty Dollars Awarded For Federal Prisoner's Personal Property Loss by Federal prisoner Jonah Nwaokocha brought Federal Tort Claims Act (FTCA) and Bivens claims against Bureau of Prisons (BOP) employees in their individual and official capacities challenging conditions of his confinement and loss of personal property including legal papers. …
Administrative Remedy Exhaustion Rule Restricted by The U.S. Court of Appeals for the Second Circuit has limited the rule that prisoners must exhaust all administrative remedies before filing a civil rights action under 42 U.S.C. Section 1983 as required by the Prison Litigation Reform Act (PLRA), 42 U.S.C. 1997e(a). The …
Allegation Of Interference With Grievance Completion Precludes Summary Judgment by The United States District Court for the Western District of New York held that a prisoner had not exhausted his administrative remedies pursuant to the Prison Litigation Reform Act of 1995 (PLRA) in one claim and that issues of fact …
Fact Issues Regarding Alternative New York Grievance Procedure Precludes Summary Judgment by Fact Issues Regarding Alternative New York Grievance Procedure Precludes Summary Judgment The United States District Court for the Western District of New York held that summary judgment of a prisoner's civil rights claim against New York prison officials …
Article • May 15, 2007
Gotti's Pretrial Detention Without Bail Warranted, PLRA Question Moot by The U.S. Second Circuit Court of Appeals held that the pretrial detention without bail of Peter Gotti, the alleged successor to John Gotti and John Gotti, Jr., as head of the Gambino Crime Family, was warranted. The appeals court ruled …
Summary Judgment on Religious Exercise Affirmed in Part and Reversed in Part by The U.S. Eighth Circuit Court of Appeals has affirmed in part and reversed and remanded in part a grant of summary judgment to Arkansas prison officials in a case involving free exercise of religion. Terry Procter is …
Article • May 15, 2007
Stay of Action Must be Sought to Exhaust Administrative Remedies by The Supreme Court of Missouri has held that a prisoner is allowed to file suit against the Department of Corrections, or its employees, prior to exhaustion of administrative remedies providing the suit is filed within the statute of limitations. …
Delaware Force Suit Dismissed by The plaintiff resisted when staff tried to place chains and a padlock on his cell door, and force was used against him. He filed one grievance about alleged excessive force and resulting medical problems, and a second grievance about the placement of chains on his …
Article • May 15, 2007
Stun Gun Claim Properly Exhausted by Defendants said plaintiff's grievances were rejected because he didn't first file an informal grievance, so he hadn't exhausted. The plaintiff said he did indeed file an informal grievance, and he produced a copy. Also he produced his copy of the second grievance, which showed …
Article • May 15, 2007
Total Exhaustion Required Under PLRA by The plain language of the PLRA exhaustion requirement compels a "total exhaustion" rule--i.e., if one claim is unexhausted, all must be dismissed. General legislative intent and history supports that conclusion, as do policy considerations, since piecemeal litigation is more time-consuming than requiring all claims …
DC Court Lacks Jurisdiction Over Virginia DOC Officials by At 5-6: "Removing any doubt, we now hold, as has every circuit to have considered the matter, that the PLRA's exhaustion requirement simply 'governs the timing of the action' and does not contain the type of "'sweeping and direct'" language that …
Article • May 15, 2007
New Suit Requires PLRA Exhaustion by Plaintiff brought a suit pre-PLRA, tried to add additional claims after the PLRA, and was told to file a new suit. Since his new suit was filed after the enactment of the PLRA, it is governed by the exhaustion requirement. The fact that the …
Article • May 15, 2007
NY Jail Finger Injury Suit Dismissed by The plaintiff had a medical care problem at a City jail. At 308: "New York State [sic] has procedures for filing grievances in each of its correctional facilities." The claim is dismissed for non-exhaustion. A bleeding finger is not a serious medical need. …
Snitch's Assault Claim Dismissed by The plaintiff was assaulted after he was named as an inmate informant in a disciplinary report. The court refuses to reconsider summary judgment for the hearing officer, since plaintiff shows no facts indicating that the hearing officer was aware of a significant risk before including …
Article • May 15, 2007
Administrative Exhaustion Required Despite No Response to Grievance by A plaintiff who merely asserts generally that he has exhausted, not contesting the specific statement of defendants that they have no record of an appeal to the highest level, is subject to dismissal for non-exhaustion. Even though pro se papers are …
Default Denied Where Defendant Ignores Complaint by The plaintiff is not entitled to a default judgment against a defendant who has not answered because he has not exhausted. The court does not explain in its two-sentence reference to this issue why the defendant in question hasn't waived exhaustion, and also …
Article • May 15, 2007
Failure to Exhaust Differs from Failure to State Claim under PLRA by The court rejects the proposition that failure to exhaust administrative remedies is a strike under the PLRA. At 965-66 (footnotes omitted): . . . [T]he PLRA does not use "failure to state a claim" and "failure to exhaust …
Article • May 15, 2007
Non Exhaustion Dismissals without Prejudice by The plaintiff was injured in a Puerto Rico prison and transferred to a federal institution, from which he filed suit. His claim is dismissed for non-exhaustion. The court distinguishes cases that say exhaustion is not required after release, and cites cases saying exhaustion is …
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