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Washington Jail Settles Conditions Lawsuit

Article • September 15, 2004 • from PLN September, 2004

Filed under: Systemic Medical Neglect, Conditions of Confinement, Totality of Conditions, Exercise, Exposure to Cold, Toilets, Strip Cells, Bedding, Hygiene Supplies, Reading Materials, Administrative Exhaustion (PLRA), Mail Regulations

Washington Jail Settles Conditions Lawsuit by On October 6, 2003 officials in Jefferson County, Washington settled a class action lawsuit filed by a Jefferson County Jail prisoner. The suit alleged inhumane living conditions and resulted in sweeping changes in jail policy. On February 25, 2002 Shawn Orndorff, a prisoner at …

Administrative Remedies Deemed Unavailable Based on Physical Injury

Article • September 15, 2004 • from PLN September, 2004

Filed under: Medical, Injury -- Misc., Administrative Exhaustion (PLRA), Complaints, Premises Liability

Administrative Remedies Deemed Unavailable Based on Physical Injury by Bob Williams Administrative Remedies Deemed Unavailable Based On Physical Injury By Bob Williams The Fifth Circuit Court of Appeals has held that administrative remedies are unavailable when a prisoner has a physical injury which prevents filing a grievance and a subsequently …

Tenth Circuit Holds Prisoner Has Burden Under PLRA To Plead Administrative Exhaustion

Article • August 15, 2004 • from PLN August, 2004

Filed under: Administrative Exhaustion (PLRA), Civil Procedure, Defenses, Complaints, Prisoner Property

Tenth Circuit Holds Prisoner Has Burden Under PLRA To Plead Administrative Exhaustion by John E Dannenberg Tenth Circuit Holds Prisoner Has Burden Under PLRA To Plead Administrative Exhaustion by John E. Dannenberg Parting company with six other circuits on the same question, the Tenth Circuit U.S. Court of Appeals held …

Facts Contained in Administrative Remedies Not Automatically Deemed Facts Alleged in Complaints

Article • August 15, 2004 • from PLN August, 2004

Filed under: Administrative Exhaustion (PLRA), Civil Procedure, Complaints

Facts Contained in Administrative Remedies Not Automatically Deemed Facts Alleged in Complaints by The Seventh Circuit Court of Apeals held the attachment of grievances to a complaint, for the purpose of demonstrating exhaustion of remedies, does not permit holding that the plaintiff vouches for the truth of the statements in …

Michigan Grievances Exhausted Upon Fair Notice of Claim

Article • July 15, 2004 • from PLN July, 2004

Filed under: Administrative Exhaustion (PLRA), Civil Procedure, Complaints

Michigan Grievances Exhausted Upon Fair Notice of Claim by The Sixth Circuit Court of Appeals held that a district court erred when it found that a Michigan prisoner failed to exhaust available administrative remedies and dismissed his § 1983 action on that basis. Michigan prisoner Ronnie Burton brought suit against …

Court Vacates Connecticut Jury Award of $30,000 for Failure to Exhaust Administrative Remedies

Article • July 15, 2004 • from PLN July, 2004

Filed under: Sexual Assault, Staff-Prisoner Assault, Administrative Exhaustion (PLRA), Damages

Court Vacates Connecticut Jury Award of $30,000 for Failure to Exhaust Administrative Remedies by David Reutter by David M. Reutter A Connecticut federal district court vacated a jury award of $30,000 because the prisoner plaintiff failed to exhaust administrative remedies. Connecticut prisoner Lori Hock sued guard Paul Thipedeau for violating …

Section 1983 Complaint Dismissed as Mixed Petition, But Amendment Allowed

Article • July 15, 2004 • from PLN July, 2004

Filed under: Retaliation for Filing Grievances, Conditions of Confinement, Toxic Fumes/Chemicals, Administrative Exhaustion (PLRA), Complaints

Section 1983 Complaint Dismissed as Mixed Petition, But Amendment Allowed by The Eighth Circuit Court of Appeals held that a complaint that contains issues that were not administratively exhausted may be dismissed, but the plaintiff should be allowed to amend his complaint to include only those issues that were exhausted. …

PLRA Only Requires Exhaustion of Applicable Remedies

Article • June 15, 2004 • from PLN June, 2004

Filed under: Administrative Exhaustion (PLRA), Excessive Force, Guard Brutality/Beatings

PLRA Only Requires Exhaustion of Applicable Remedies by The U.S. Court of Appeals for the Second Circuit has reversed a federal district court dismissal of a prisoner's civil rights lawsuit for failure to exhaust available administrative remedies, as required by the Prison Litigation Reform Act (PLRA), 42 U.S.C. § 1997e(a). …

Discipline Without Notice Violates Due Process; BOP Administrative Exhaustion May Be Excused

Article • May 15, 2004 • from PLN May, 2004

Filed under: Notice of Rules, Administrative Exhaustion (PLRA), Preliminary Injunctions/TRO's, Habeas Corpus, Telephones, Telephone Access

Discipline Without Notice Violates Due Process; BOP Administrative Exhaustion May Be Excused by Discipline Without Notice Violates Due Process; BOP Administrative Exhaustion May Be Excused A federal district court in Oregon held that a federal prisoner's procedural default in failing to exhaust administrative remedies would be waived. The court also …

Certification for Interlocutory Appeal Order Discussed in California Prison Labor Suit

Article • May 15, 2004 • from PLN May, 2004

Filed under: Work, Prison Industries, Prison Labor, Administrative Exhaustion (PLRA), Appeals, Americans with Disabilities Act

Certification for Interlocutory Appeal Order Discussed in California Prison Labor Suit by A California federal district court has declined to certify an order for interlocutory appeal because the factual and legal issues in this case are not complex and will not necessitate protracted and expensive litigation. Richard P. Loritz, II, …

BOP Medical Detainees Not Subject to PLRA

Article • May 15, 2004 • from PLN May, 2004

Filed under: PLRA, Administrative Exhaustion (PLRA), Civil Commitment

BOP Medical Detainees Not Subject to PLRA by In a brief per curiam opinion, the court of appeals for the Eighth circuit held that a Federal Medical Center detainee in Missouri was exempt from the administrative exhaustion provisions of the Prison Litigation Reform Act (PLRA), 42 U.S.C. § 1997e(a). The …

Denial of Grievance Forms Excuses Failure to Exhaust

Article • May 15, 2004 • from PLN May, 2004

Filed under: Retaliation for Filing Grievances, Retaliatory Discipline, Sewage, Vermin, Administrative Exhaustion (PLRA), Physical Injury Rule, Damages, Complaints, Mental Health

Denial of Grievance Forms Excuses Failure to Exhaust by Denial of Grievance Forms Excuses Failure to Exhaust The U.S. Third Circuit Court of Appeals reversed a Pennsylvania federal district court's dismissal of a state prisoner's civil rights suit for failure to state a claim. Pennsylvania prisoner Mark Mitchell was incarcerated …

County May Be Liable for Private Prison's Customs and Policies

Article • April 15, 2004 • from PLN April, 2004

Filed under: Cornell Corrections, Threats by Staff, Administrative Exhaustion (PLRA), Guard Brutality/Beatings, Shootings, Civil Procedure, Parties, Municipal Liability

County May Be Liable for Private Prison's Customs and Policies by Bob Williams County May Be Liable For Private Prison's Customs And Policies by Bob Williams The New Mexico federal district court has held that a county could potentially be liable under 42 U.S.C. § 1983 for the customs and …

Blind Prisoner Must Exhaust Administrative Remedies

Article • April 15, 2004 • from PLN April, 2004

Filed under: Blind Prisoners, PLRA, Administrative Exhaustion (PLRA)

Blind Prisoner Must Exhaust Administrative Remedies by Blind Prisoner Must Exhaust Administrative Remedies The Fifth Circuit Court of Appeals held that a blind prisoner is not excused from the administrative exhaustion requirement of the PLRA, and that a state court finding the prison systems grievance procedure violates Louisiana's State Constitution …

Impeding Grievance Exhaustion May Violate Access to Courts

Article • April 15, 2004 • from PLN April, 2004

Filed under: Administrative Exhaustion (PLRA), Court Access, Law Library Access/Adequacy, Damages

Impeding Grievance Exhaustion May Violate Access to Courts by A U.S. District Court for the Eastern District of Wisconsin held that a prisoner's access to court was impeded because jail officials interfered with his ability to exhaust his administrative remedies with respect to several non-frivolous claims, which were dismissed for …

Administrative Exhaustion Required in Pre-PLRA BOP Phone Suit

Article • January 15, 2004 • from PLN January, 2004

Filed under: Administrative Exhaustion (PLRA), Settlements, Telephones, Telephone Access, Telephone Rates

Administrative Exhaustion Required in Pre-PLRA BOP Phone Suit by The U.S. Sixth Circuit Court of Appeals has ruled that the administrative remedies exhaustion requirement of the Prison Litigation Reform Act (PLRA) must be met even where a court approved settlement reached prior to the PLRA's enactment does not so require. …

First Circuit Applies Mailbox Rule to § 1983 Complaints

Article • January 15, 2004 • from PLN January, 2004

Filed under: Injury -- Misc., Administrative Exhaustion (PLRA), Guard Brutality/Beatings, Civil Procedure, Defenses, Parties, Appeals, Limitations, Filing Fees

First Circuit Applies Mailbox Rule to § 1983 Complaints by by Matthew T. Clarke The First Circuit has held that the PLRA's exhaustion of remedies requirement is an affirmative defense, not jurisdictional, and failure to include proof of exhaustion of state remedies will not support sua sponte dismissal. The court …

Failure to Exhaust Administrative Remedies Not Absolute Bar Suit

Article • December 15, 2003

Filed under: Conditions of Confinement, Failure to Protect (General), Administrative Exhaustion (PLRA)

Failure to Exhaust Administrative Remedies Not Absolute Bar Suit by The United States District Court for the District Court for the District of Columbia has held that although a D.C. prisoner failed to exhaust administrative remedies prior to filing suit under 42 U.S.C. §1983, the failure may not bar the …

Trial Required in Pennsylvania Guard Beating

Article • November 15, 2003 • from PLN November, 2003

Filed under: Racial Discrimination, Retaliation for Filing Grievances, Retaliatory Discipline, Eighth Amendment, Administrative Exhaustion (PLRA), Guard Brutality/Beatings, Civil Procedure, Defenses

Trial Required in Pennsylvania Guard Beating by John E Dannenberg by John E. Dannenberg The Third Circuit U.S. Court of Appeals held that summary judgment for defendant prison guards was inappropriate without a trial to develop the facts, in a case where a prisoner claimed he was viciously beaten by …

Federal Appeals Courts Address Finality of Dismissals, Grievance Contents

Article • October 15, 2003 • from PLN October, 2003

Filed under: Staff-Prisoner Assault, Medical Misconduct, Administrative Exhaustion (PLRA), Excessive Force, Guard Brutality/Beatings, Complaints, Appeals, Limitations

Federal Appeals Courts Address Finality of Dismissals, Grievance Contents by In two, separate, unrelated cases, the Third and Seventh U.S. Circuit Courts of Appeals have addressed the finality of dismissals without prejudice, the contents of grievances, and various procedural points under the Prison Litigation Reform Act (PLRA) and prisoner suits …