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Sixth Circuit Says Ohio Prisoner’s Lack of Tablet Access May Have Prevented Grievance Exhaustion by David Reutter by David M. Reutter Technology giveth and technology taketh away – even in prison. That was the conclusion of the U.S. Court of Appeals for the Sixth Circuit on October 26, 2022, when …
Article • March 1, 2023 • from PLN March, 2023
Second Circuit Reinstates N.Y. Prisoner’s Excessive Force Claim, Finding Grievance Procedure ‘Unavailable’ in Mental Health Unit by David Reutter by David M. Reutter On September 15, 2022, the U.S. Court of Appeals for the Second Circuit held that a New York prisoner was excused from exhausting administrative remedies as required …
Article • February 1, 2023 • from PLN February, 2023
Seventh Circuit: Indiana Prisoner Who Failed to Formalize Grievance Also Failed to Exhaust Remedies by David Reutter by David M. Reutter On August 17, 2022, an Indiana prisoner learned a painful lesson from the U.S. Court of Appeals for the Seventh Circuit. As PLN has repeatedly warned, courts are empowered …
Article • January 1, 2023 • from PLN January, 2023
Second Circuit: N.Y. Detainee Didn’t Fail to Exhaust Administrative Remedies When Jail Grievance Procedure Excluded Matter Forming Basis of Claim by Matthew Clarke by Matt Clarke On June 8, 2022, the U.S. Court of Appeals for the Second Circuit reinstated a New York jail detainee’s claim, saying he couldn’t be …
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 • May 1, 2022 • from PLN May, 2022
Eleventh Circuit Says Georgia Prisoner Failed to Exhaust Remedies by Filing Late Grievance to Ask for Investigation that Was Already Underway by David Reutter by David M. Reutter Here’s a simple message to prisonersfrom the U.S. Court of Appeals for the Eleventh Circuit: Exhaust your remedies, no matter how redundant …
Fourth Circuit Refuses to Reinstate Suit by NC Jail Detainee Alleging Denial of Access to Grievance System and Timely Medical Care Prisoner Didn’t Ask the Court to Extend Kingsley Protections by Keith Sanders by Keith Sanders The U.S. Supreme Court lowered the bar for a pre-trial detainee to sustain a …
Article • February 1, 2022 • from PLN February, 2022
‘Disconnect’ Between Illinois Prisoner’s Grievance and Complaint Results In Failure to Exhaust by Jacob Barrett Seventh Circuit Also Rules Internal Investigation Does Not Toll Exhaustion by Jacob Barrett A June 16, 2021, ruling by the U.S. Court of Appeals for the Seventh Circuit highlights the importance for prisoners who file …
The Way Prisoners Flag Guard Abuse, Inadequate Health Care and Unsanitary Conditions Is Broken by Shannon Heffernan Prisoners rely on grievances as an early-warning system for dangerous conditions, from poor medical care to abuse. But in Illinois, experts say the system is sputtering, with little oversight, resulting in injuries to prisoners. …
Bell v. Sheriff of Henry County, et al., IN, order, class action, jail overcrowding, 2019 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION ADAM BELL, Plaintiff, v. SHERIFF OF HENRY COUNTY, et al. Defendants. ) ) ) ) ) ) ) ) ) No. 1:19-cv-00557-SEB-MJD Order Granting Motion …
Brown v. DPSCS, MD, Final General Settlement Argreement, Discrimination Against Blind Prisoners, 2019 RELEASE AND SETTLEMENT AGREEMENT This Release and Settlement Agreement (“Agreement”) is entered this 5th day of June, 2019, between Steven Brown, Wilbert Delano, Gregory Hammond, Sedric Holley, Russell Hopkins, Johnny James, Tyrell Polley, Maynard Snead and Robert …
Article • May 2, 2019
Ohio High Court Denies Relief to Prisoner Challenging White Supremacist Classification by Edward Lyon by Ed Lyon Ohio state prisoner William H. Evans Jr. was designated to be a white supremacist by a classification committee’s ruling in the Ohio Department of Rehabilitation and Correction (DRC), the state’s prison system. This …
Article • February 5, 2019 • from PLN February, 2019
Filed under: Grievances
Arkansas Prisoner Prevails on Grievance Exhaustion Issue by Edward Lyon by Ed Lyon Arkansas state prisoner Jacob J. Townsend was working at the Tucker Unit’s water treatment plant when his supervisor, Terry Murphy, ordered him to work with chlorine gas. Townsend was not given training or equipment for using the …
Amble, et al. v. Spangler, et al., TN, class-action complaint, abolishment of in-person visitation, exercise opportunities, law library access, inadequate mental health treatment, etc., 2018 Case 3:18-cv-00538-TAV-DCP Document 1 Filed 12/23/18 Page 1 of 35 PageID #: 1 Case 3:18-cv-00538-TAV-DCP Document 1 Filed 12/23/18 Page 2 of 35 PageID #: …
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 …
Article • April 2, 2018 • from PLN April, 2018
Alaska Prisoners Stripped, Paraded on “Dog Leashes,” Held Naked for 12 Hours by Christopher Zoukis by Christopher Zoukis Twelve prisoners at the maximum-security Spring Creek Correctional Center in Seward, Alaska were stripped, searched, restrained, attached to “dog leashes,” paraded in front of female staff members and then left in cells …
Article • March 6, 2018 • from PLN March, 2018
Fourth Circuit Vacates Sua Sponte Dismissal Due to Non-exhaustion by The Fourth Circuit Court of Appeals has vacated a district court’s sua sponte dismissal of a prisoner’s lawsuit for failure to exhaust available administrative remedies. The Virginia Department of Corrections’ (VDOC) grievance procedure requires prisoners to first submit an informal …
Brunson v. Nichols, LA, Opinion, Inmate Grievance, 2017 Case: 14-31350 Document: 00514238546 Page: 1 Date Filed: 11/15/2017 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 14-31350 United States Court of Appeals Fifth Circuit FILED November 15, 2017 DERRICK D. L. BRUNSON, Lyle W. Cayce Clerk Plaintiff …
Article • October 10, 2017 • from PLN October, 2017
Prisoner Showed Good Cause for Extension of Time by The Tenth Circuit Court of Appeals held a district court erred in denying a prisoner’s motion for extension of time to respond to a dispositive motion. Oklahoma state prisoner Archie Rachel, 71, filed suit in federal court regarding his medical treatment …
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