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NYDOCS Abandons ADA DOJ Exhaustion Defense by Upon the request of prison officials, the Second Circuit Court Of Appeals vacated a district courts dismissal of an action brought by New York prisoners, for failure to exhaust administrative remedies. Several of New York State Department of Correctional Services (DOCS) prisoners brought …
Dismissal of Bivens Action for Non-Exhaustion Reversed by The Seventh Circuit Court of Appeals vacated a lower courts grant of summary judgment against a federal prisoner for failing to exhaust administrative remedies. Federal Bureau of Prisons (BOP) prisoner Curtis Dale was stabbed seven times by other prisoners on the recreation …
Article • April 15, 2006 • from PLN April, 2006
Sixth Circuit Requires Total Exhaustion Under PLRA; Decision Conflicts with Hartsfield by A panel of the Sixth Circuit joined the Eighth and Tenth Circuits in holding that the Prison Litigation Reform Act (PLRA) requires total exhaustion. One judge dissented, however, criticizing the majority opinion as being invalid for conflicting with …
Ninth Circuit Reverses Dismissal of ADA Suit for Failure to Exhaust by The Ninth Circuit Court of Appeals held that a district court erred in dismissing a California prisoners suit for failing to exhaust administrative remedies under 42 U.S.C. § 1997e(a) of the Prison Litigation Reform Act, (PLRA). Earl Butler, …
Nebraska Supreme Court Reverses Dismissal of Prisoners Drug Testing § 1983 Claim by Nebraska Supreme Court Reverses Dismissal of Prisoners Drug Testing § 1983 Claim The Nebraska Supreme Court reversed a lower courts dismissal of a prisoners 42 U.S.C. § 1983 action, finding that he stated a cognizable claim for …
Court Orders Mob Boss Released from SHU by A New York federal district court has ordered a federal pretrial detainee released from administrative detention into general population because the government had other means of preventing him from communicating with the members of his crime family. Vincent Basciano moved pursuant to …
Article • December 15, 2005 • from PLN December, 2005
PLRA Exhaustion Requirement Has by PLRA Exhaustion Requirement Has Procedural Default Component The Third Circuit Court of Appeals held that the administrative exhaustion requirement of the Prison Litigation Reform Act (PLRA) includes a procedural default component. The court also held that the determination whether a prisoner has properly' exhausted a …
Brief • November 17, 2005
Jones v. Bock, US, Amicus Brief - PLN, PLRA Admin Remedies and Total Exhaustion Rule, 2005 i No. 05-7058 IN THE Supreme Court of the United States LORENZO L. JONES, Petitioner, v. BARBARA BOCK ET AL., Respondents. On Petition For A Writ Of Certiorari To The United States Court Of …
Article • November 15, 2005 • from PLN November, 2005
Procedural Default In Exhausting State Administrative Remedies Held Not A Bar To Bringing § 1983 Act by Procedural Default In Exhausting State Administrative Remedies Held Not A Bar To Bringing § 1983 Action; Supreme Court Grants Review by John E. Dannenberg The Ninth Circuit U.S. Court of Appeals, deepening a …
Article • October 15, 2005 • from PLN October, 2005
Nevada Supreme Court Clarifies Personal Injury Exhaustion Requirements by The Nevada Supreme Court held that state prisoners seeking compensation for personal injuries are not required to allege exhaustion of their administrative remedies, nor does the failure to exhaust administrative remedies deprive the trial court of subject matter jurisdiction. Thomas Cotton, …
Federal Forfeiture Motions are Civil, Subject to PLRA by Federal Forfeiture Motions Are Civil, Subject to PLRA The federal prisoner in Wisconsin filed a motion contesting a forfeiture of property in his criminal case. At 696: The motion is a civil action subject to the PLRA, even though it was …
Michigan Guard Who Procured Hit On Prisoner Must Pay $200,000 Damages by by Marvin Mentor A Michigan federal jury returned verdicts of $75,000 in compensatory damages and $125,000 in punitive damages against a Michigan state prison guard who paid one prisoner six cigarettes to viciously pummel another. Michigan prisoner Barton …
Court Holds Temperatures on Florida's Death Row Constitutional; Class Action Exhaustion Explained by David Reutter By David M. Reutter The Eleventh Circuit Court of Appeals affirmed a Florida District Court's order denying that prisoners' cell temperatures on Florida's death row constitute cruel and unusual punishment. This civil rights action was …
Article • July 15, 2005 • from PLN July, 2005
Pro Se Tips and Tactics by Daniel Manville by Daniel E. Manville Exhaustion of Administrative Remedies Introduction1 If you are confined and are suing in federal court prison or jail staff for an incident that occurred while locked up, you are required to exhaust the administrative grievance system that exists. …
Dental Treatment Denial Claim Cannot Be Subdivided By Court by The court of appeals for the Eighth Circuit held that a prisoner's allegation of denial of dental treatment cannot be split into three separate sub-claims then dismissed for failure to exhaust state remedies on the sub-claims. James McAlphin, an Arkansas …
Fifth Circuit Allows Sexual-Orientation Discrimination in Texas Prisoner Rape Suit by Matthew Clarke by Matthew T. Clarke The Fifth Circuit court of appeals held that a homosexual prisoner who prison officials allegedly allowed to be repeatedly sexually assaulted and made a sex slave may sue the prison officials for both …
Exhaustion of Administrative Remedy Requirement May be Excused by The Second Circuit Court of Appeals has held that the failure to exhaust administrative remedies may be excused in limited circumstances and should be excused in this case. This civil rights action arose from events that occurred while Ivan Rodriguez was …
Seventh Circuit Interprets "Brought" As Used 42 U.S.C. § 1197e(a) by Seventh Circuit Interprets "Brought" As Used 42 U.S.C. § 1997e(a) The U.S. Court of Appeals for the 7th Circuit has interpreted the word "brought" in 42 U.S.C. § 1997e(a) to mean "when the complaint is tendered to the district …
Prisoner's Release Fails to Excuse PLRA's Exhaustion Requirement by The Sixth Circuit Court of Appeals held the Prison Litigation Reform Act's (PLRA) administrative remedy exhaustion requirement was not excused by the fact the plaintiff had been released at the time the district court considered the motion to dismiss. While a …
Untimely Grievances Satisfy PLRA; $70,000 Beating Verdict Upheld by The Sixth Circuit Court of Appeals held that even an untimely grievance satisfied the exhaustion requirement of the Prison Litigation Reform Act (PLRA) so long as the prisoner goes through every step of the grievance process. In doing so, the court …
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