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Article • October 15, 2023 • from PLN October, 2023
Fourth Circuit Reinstates North Carolina Prisoner’s Suit, Finding Grievance Procedure Availability an Open Question by Mark Wilson By Mark Wilson On December 27, 2022, the U.S. Court of Appeals for the Fourth Circuit vacated summary judgment issued against a North Carolina prisoner for failing to exhaust his administrative remedies, as …
Article • August 15, 2023 • from PLN August, 2023
Seventh Circuit: Cook County Jail Grievance Procedure An “Incomprehensible Trap” by Douglas Ankney by Douglas Ankney On March 16, 2023, the U.S. Court of Appeals for the Seventh Circuit ruled that the grievance procedure in Chicago’s Cook County Jail is an “incomprehensible trap,” making it effectively unavailable to a detainee …
Article • November 30, 2022 • from PLN December, 2022
Ninth Circuit: Prisoner Filing a New Grievance That Makes New Claims Does Not Render Previous Grievance ‘Unexhausted’ by David Reutter by David M. Reutter In May 2022, after a ruling in his favor by the U.S. Court of Appeals for the Ninth Circuit, a former California prisoner accepted a settlement …
Article • September 1, 2022 • from PLN September, 2022
Fifth Circuit Upholds Dismissal of Texas Prisoners’ Challenge to Pandemic Prison Conditions for Failure to Exhaust by Matthew Clarke by Matt Clarke On March 9, 2022, the U.S. Court of Appeals for the Fifth Circuit affirmed the dismissal of a lawsuit challenging the adequacy of pandemic precautions taken by the …
Article • August 8, 2022 • from PLN August, 2022
Seventh Circuit Says No Evidence Illinois Prisoner Lied About Endangerment to Circumvent PLRA’s Three-Strikes Rule by Matthew Clarke by Matt Clarke On February 1, 2022, the U.S. Court of Appeals for the Seventh Circuit held that a district court committed clear error when it found that a severely mentally ill …
Oregon Court Holds Prison Litigation Reform Act Exhaustion Tolls Statute of Limitations by Mark Wilson by Mark Wilson On March 25, 2020 an Oregon federal court held that the statute of limitations for filing a federal civil rights action is tolled during Prison Litigation Reform Act (PLRA) exhaustion. Anthony Sam …
Brief • January 2, 2020
Pina v. County of Los Angeles, CA, Order Granting Summary Judgment, Sexual Assault by Guard, 2020 se 2:18-cv-08149-DMG-PLA Document 53 Filed 01/02/20 Page 1 of 17 Page ID #:724 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 12 13 …
Article • March 5, 2019 • from PLN March, 2019
Seventh Circuit Excuses Exhaustion Requirement for Spanish-Speaking Prisoner by Derek Gilna by Derek Gilna The Seventh Circuit Court of Appeals has reversed the dismissal of an Illinois state prisoner’s 42 U.S.C. § 1983 suit for failure to exhaust administrative remedies as required by the Prison Litigation Reform Act (PLRA), based …
Ninth Circuit: Prisoner’s Disciplinary Appeal Exhausted Claim of Having to Work on Religious Holiday by Christopher Zoukis by Christopher Zoukis On May 18, 2018, the U.S. Court of Appeals for the Ninth Circuit reversed a district court’s order dismissing a prisoner’s complaint for failure to exhaust administrative remedies. The Ninth …
PLRA’s Administrative Remedies Requirement Tolls Limitations Time but Not Accrual Time by David Reutter by David Reutter In February 2018, the Ninth Circuit Court of Appeals held that the Prison Litigation Reform Act’s administrative exhaustion requirement justifies the tolling of the statute of limitations, but not the creation of a …
Article • September 5, 2018 • from PLN September, 2018
Prison Grievance Coordinator’s Responses Rendered Administrative Remedies Unavailable by David Reutter by David Reutter The Seventh Circuit Court of Appeals held that an Indiana federal district court erred in dismissing a prisoner’s civil rights action for failure to exhaust administrative remedies. The Court held the record indicated the prisoner was …
Filing Date of Operative Complaint Dictates if PLRA Exhaustion Applies by The Ninth Circuit Court of Appeals held on August 31, 2017 that “a plaintiff who was in custody at the time he initiated his suit but was free when he filed his amended operative complaint is not a ‘prisoner’ …
Davis v. Mason, IN, Opinion, Guard Excessive Force, 2018 In the United States Court of Appeals For the Seventh Circuit ____________________ No. 16-2707 TERRY DAVIS, Plaintiff-Appellant, v. DAVID MASON and BLAKE THRASHER, Defendants-Appellees. ____________________ Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. No. …
Article • October 10, 2017 • from PLN October, 2017
Second Circuit: Ross Abrogates “Special Circumstances” Exhaustion Exception by The Court of Appeals for the Second Circuit reversed the non-exhaustion dismissal of a New York prisoner’s excessive force suit. Applying Ross v. Blake, 136 S.Ct. 1850 (2016) [PLN, July 2016, p.22], the appellate court held that no administrative remedies were …
Fifth Circuit: Staff Misleading Prisoner about Grievance Process Excuses Failure to Exhaust by Matthew Clarke On August 17, 2015, the Fifth Circuit Court of Appeals held that a Texas prisoner’s failure to fully exhaust administrative remedies was excused because jail staff had misled him about grievance procedures. Grady Allen Davis …
The Private Prison Primer: Stolen shoes and the Kingman riots by By Beryl Lipton, MuckRock Part 1 - Taking a look inside the black hole of prisoner grievances, and the lessons learned too late During the years it was operated by the private Management and Training Corporation, the “property” grievance was …
Article • February 8, 2017 • from PLN February, 2017
Prisoners Not Required to Take Unspecified Steps to Exhaust Administrative Remedies by On February 25, 2016, the Sixth Circuit Court of Appeals concluded a prisoner’s suit had been improperly dismissed when he “failed to do something not specified, outlined, or required by his prison’s grievance procedure.” Before the Court was …
Merits Ruling on Procedurally Flawed Grievance Satisfies PLRA by The Eleventh Circuit Court of Appeals has held that district courts may not enforce a prison’s procedural rule to find a failure to exhaust administrative remedies after prison officials declined to enforce the rule themselves. The Court also found the district …
Article • December 29, 2016
Fourth Circuit Finds Internal Investigation Exception to PLRA’s Exhaustion Requirement by The Fourth Circuit Court of Appeals held a Maryland prisoner “reasonably believed that he had sufficiently exhausted [administrative] remedies by complying with an internal investigation” conducted by prison officials on his claims. Before the court was the appeal of …
Merits Ruling on Procedurally Flawed Grievance Satisfies PLRA by The Eleventh Circuit Court of Appeals has held that district courts may not enforce a prison’s procedural rule to find a failure to exhaust administrative remedies after prison officials declined to enforce the rule themselves. The Court also found the district …
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