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Article • May 15, 2007
Grievance and Harassment Complaint Must be Filed to Exhaust by The plaintiff did not file a grievance; instead, he wrote to the Superintendent and contacted the Inspector General. At 397: "Prison officials are entitled to require strict compliance with an existing grievance procedure." Hemphill v. New York, 198 F.Supp.2d 546, …
Grievance Deadlines Bar NY Brutality Suit by The plaintiff's letter to the Superintendent complaining of excessive force, sent five months after the incident, was not a grievance and did not meet the exhaustion requirement. At 549: Prison officials are entitled to require strict compliance with an existing grievance procedure. Plaintiff …
Article • May 15, 2007
Mistake of Law Excuses Lack of Administrative Exhaustion by At 486: "The issue is whether justifiable circumstances may sometimes excuse a prisoner's failure to exhaust administrative remedies when challenging conditions of confinement. We conclude that exhaustion may sometimes be excused and should be excused in this case." The plaintiff did …
Article • May 15, 2007
Informal Grievance Exhaustion Satisfies PLRA by The plaintiff did not use the grievance system but informally exhausted her administrative remedies with respect to an incident in the Nassau County Jail. The plaintiff informed the Sheriff's Department's Internal Affairs unit and the DA's office, triggering an investigation by the Sheriff's Bureau …
Denial of Disciplinary Witnesses Upheld by At 639: Where an inmate's federal claims arise directly out of a disciplinary or administrative segregation hearing . . . (e.g., a claim of denial of procedural due process), "he exhausts his administrative remedies by presenting his objections in the administrative appeals process, not …
Article • May 15, 2007
Inability to Work Suit Dismissed by The plaintiff alleged that he was assigned to a job inappropriate to his medical condition. He filed repeated grievances, all denied. The district court said he didn't exhaust because his grievances were not considered on the merits because he didn't follow the rules, and …
Article • May 15, 2007
Oklahoma DOC Grievance System Passes Muster by At 1032: "We review de novo the district court's finding of failure to exhaust administrative remedies." Id.: An inmate who begins the grievance process but does not complete it is barred from pursuing a § 1983 claim under PLRA for failure to exhaust …
Work Release Prisoners Subject to PLRA Exhaustion Requirement by A plaintiff is a "prisoner" for exhaustion purposes if he was in prison when the complaint was filed. At 750: "We have previously explained that prisoners encounter a uniquely low opportunity cost relative to the typical litigant." The plaintiff, whose claims …
Article • May 15, 2007
Grievance Must Name Defendants, Complaint Must Specify Exhaustion by The plaintiff filed a complaint, followed by an amended complaint, and the district court brings out all the regressive armament of Sixth Circuit exhaustion law (and worse) against him. At 789: After a thorough review of Plaintiff's original complaint, it has …
Prison Officials Cannot Refuse to Process Grievances by The plaintiff's injunctive claims against prison officials are moot because he has been transferred to another prison. Use of Force (815): The plaintiff's allegation that officers used excessive and unnecessary force against him states a claim. Medical Care--Standards of Liability--Deliberate Indifference (816): …
PLRA Doesn't Require Exhaustion of Non Prison Remedies by The plaintiff alleged that he was subjected to unconstitutional medical care for a spinal injury among other problems and that he was excluded from the prison's Unit for the Physically Disabled in violation of the Americans with Disabilities Act. The plaintiff …
Ohio Religious Grievance Process Doesn't Exhaust Claim by The plaintiff, who declared himself Jewish in prison, was denied various religious accommodations on the ground that he was "not Jewish enough." He used the general inmate grievance procedure, rather than the separate religious accommodation grievance procedure, and consequently did not exhaust. …
Challenge to BOP Denial of Pre Sentence Reports Must Be Brought As Civil Suit by The plaintiff, under the case number and caption of his 25-year-old criminal case, filed a motion challenging the Bureau of Prisons' policy forbidding inmates from retaining possession of their pre-sentence reports in their cells. At …
Article • May 15, 2007
Suit Dismissed for Failing to Timely Exhaust by The plaintiff sought to appeal his grievance two and a half months after an adverse decision; the deadline is four days, and his appeal was not allowed. Also, he wrote to the final appeal body without following the appeal procedure. He didn't …
Article • May 15, 2007
PLRA Doesn't Apply to Immigration Habeas Petition by A Cuban Petitioner in INS custody challenged his seemingly indefinite detention. At 810 (footnote omitted): Under the Prison Litigation Reform Act of 1995 (PLRA), 28 U.S.C. § 1915, it is unclear how habeas petitioners establish a right to proceed in forma pauperis …
Article • May 15, 2007
Third Circuit Embraces Administrative Exhaustion Procedural Default by The defendants argued that the plaintiff had failed to exhaust because he did not ask for money damages in the administrative process and because he did not name a particular defendant in his grievance. In this windy opinion, the court embraces a …
Article • May 15, 2007
PLRA's Exhaustion Requirement Contains Procedural Default Component by The Eleventh Circuit Court of Appeals has held that the Prison Litigation Reform Act's (PLRA) exhaustion requirement contains a procedural default component. Before the Court was an interlocutory appeal of a Georgia district court's denial of prison officials' motion to dismiss the …
West Virginia Prisoner's Claiming Physical or Sexual Abuse Exempt from Administrative Exhaustion Req by West Virginia Prisoner's Claiming Physical or Sexual Abuse Exempt from Administrative Exhaustion Requirement The Supreme court of Appeals of West Virginia has held that a prisoner alleging past, current, or imminent physical or sexual abuse is …
Hernia Suit Dismissed for Lack of Injury by The plaintiff alleged that upon admission to prison, he was diagnosed with a bilateral inguinal hernia, but nonetheless approved to perform any type of work, and not told he had a hernia. Eventually he found out and asked for surgery, and was …
ABA Recommends Congress Repeal Portions of PLRA by David Reutter by David M. Reutter The American Bar Association’s Criminal Justice Section has issued a report that “urges Congress to repeal or amend specified portions of the Prison Litigation Reform Act (PLRA).” That report was sent for approval and action by …
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