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U.S. Supreme Court: Failure to Exhaust Remedies Is an Affirmative Defense Under the PLRA by John Dannenberg by John E. Dannenberg A unanimous U.S. Supreme Court held on January 22, 2007 that when a prisoner files an action governed by the Prison Litigation Reform Act (PLRA), the question of whether …
Article • May 15, 2007
Jail Grievance Procedure Not Available to New York State Prisoner by A federal court in New York held that a prisoner who was transferred from a jail to prison prior to bringing an action against jail officials did not fail to exhaust available administrative remedies, because the jail's grievnace procedure …
PLRA Requires Prisoner 1983 Complaints to Plead Administrative Exhaustion by The U.S. Court of Appeals for the 6th Circuit recently held that the Prison Litigation Reform Act (PLRA) requires prisoner civil complaints under 42 U.S.C. 1983 to allege the prisoner exhausted all administrative remedies before suing or suffer dismissal of …
Participation in Internal Affairs Investigation Doesn't Satisfy PLRA Exhaustion by The Ninth Circuit Court of Appeals held that participation in an internal affairs investigation is not sufficient to satisfy the Prison Litigation Reform Act (PLRA) exhaustion requirement. Prisoners must utilize the internal grievance procedures. In 1998, Robert Panaro was a …
Article • May 15, 2007
Celling Non-Smoker with Smoker Negligence, Not Constitutional Claim by Affirming a federal district court in Michigan, the U.S. Sixth Circuit Court of Appeals upheld dismissal of a state prisoner's 42 U.S.C. §1983 suit for failure to state a claim. Michigan Department of Corrections (MDOC) prisoner Maurice Taylor, incarcerated at Brooks …
Retaliation Claim Does Not Precede Exhaustion of State Administrative Remedies by The U.S. Second Circuit Court of Appeals on remand from the U.S. Supreme Court determined that a prisoner's retaliation claim was required to be preceded by exhaustion of state administrative remedies. Robert Lawrence, a prisoner at Otisville State Prison …
PLRA: Exhaustion Of Nonexistent Administrative Remedies Not Required by The United States District Court for the District of Colorado held that class certification for prisoners suing a county jail for unconstitutional mental health care was inappropriate, and that the prisoners were not required to exhaust administrative remedies pursuant to the …
Counsel Appointed to Brief Questions of PLRA Total Exhaustion and Sandin Confinement Conditions for by Counsel Appointed to Brief Questions of PLRA Total Exhaustion and Sandin Confinement Conditions for Atypicality The Second Circuit Court of Appeals ordered that counsel be appointed to New York prisoner Jose Ortiz to brief the …
Article • May 15, 2007
Pennsylvania Prisoner Not Required to File Grievance Before Suing Where Prison Regulations Preclude the Grievance by Pennsylvania Prisoner Not Required to File Grievance Before Suing Where Prison Regulations Preclude the Grievance Frederick Ray III, a Pennsylvania state prisoner, sued prison guards on several legal theories in federal district court under …
Tenth Circuit Affirms Total Exhaustion Rule by New Mexico State prisoner Michael Rene Ross claimed Eighth Amendment violation for dangerous conditions of confinement and deliberate indifference to medical needs. His § 1983 suit was dismissed based on the total exhaustion rule. While housed at the McKinley County Detention Center (MCDC) …
Article • May 15, 2007
NY Prisoners May Have Liberty Interest in Work Release by The Second Circuit responds to Booth v. Churner. In Nussle, they said excessive force claims aren't about "prison conditions"; in Lawrence v. Goord (42-43): we held that claims alleging particularized instances of retaliatory conduct directed against an inmate are not …
Article • May 15, 2007
Administrative Remedies Exhausted Even If Untimely by State Prisoner Ted Poole filed a complaint against the Michigan Department of Corrections concerning the untimely payment of filing fees. Poole exhausted his administrative remedies in the prison grievance process which were denied by prison officials as being untimely. Poole then filed a …
Article • May 15, 2007
Medical Claim Requires Administrative Exhaustion by The plaintiff's claim of deprivation of medical care is a "prison conditions" claim even under the now-overruled holding of Nussle, since the complaint did not suggest that he was singled out for the denial of medical services Cases must be dismissed, rather than stayed, …
Total Exhaustion Rule Should Apply Separately to Each Plaintiff by The Tenth Circuit Court of Appeals has held that when multiple prisoners join in a civil rights complaint, but only one of those prisoners has exhausted administrative remedies on all of the claims asserted, it is error to dismiss the …
Article • May 15, 2007
Grievance Response Required Before Suit Filed by The plaintiff did not grieve his medical care complaint, so he failed to exhaust. He grieved and appealed his use of force case, but failed to exhaust because he did not show that he had received a decision. The court does not discuss …
Administrative Exhaustion Required in Beating Claim by At 721: Dismissal without prejudice for non-exhaustion is final and appealable because it can't be remedied by an amendment to the complaint. Id.: The court says plaintiff's complaint might be time-barred after dismissal for non-exhaustion, or the limitations period might run from the …
Article • May 15, 2007
PLRA Doesn't Apply to Released Prisoners, Delay in Seizure Medication Okay by The plaintiff was jailed for ten days for shoplifting. She was not consistently given her seizure medication (as well as her medication to control anxiety, which can trigger seizures), and had seizures; jail personnel would not take her …
Article • May 15, 2007
Administrative Exhaustion Defense Waived by BOP by At 695: "The failure to exhaust available administrative remedies is an affirmative defense. At least two other circuits have explicitly held that the PLRA's exhaustion requirement may be waived, . . . . We today join them and hold that this defense is …
BOP Prisoners Habeas Hepatitis Suit Dismissed by The bottom line of this opinion, 59 pages in Westlaw, is that the court treats the plaintiff's medical care claim, filed as a habeas petition, as a civil rights action, denies appointment of counsel, holds the prisoner partially exhausted, and grants summary judgment …
Seventh Circuit Applies PLRA to IL Civil Commitment Prisoners with Pending Charges by Seventh Circuit Applies PLRA to IL Civil Commitment Prisoners with Pending Charges The district court dismissed at screening for non exhaustion. At 978: "Although the judge used 28 U.S.C. § 1915A to act peremptorily, failure to employ …
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