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U.S. Supreme Court Requires Futile Administrative Exhaustion by On May 29, 2001, a unanimous United States Supreme Court held that 42 U.S.C. § 1997e(a) of the Prison Litigation Reform Act (PLRA) requires the complete exhaustion of prison administrative remedies, regardless of how futile those remedies may be and regardless of …
Article • May 15, 2001 • from PLN May, 2001
Change in AIDS Medication States Claim by Change In Aids Medication States Claim A Virginia federal district court ruled prisoner Terry Lee Taylor stated a claim under 42 U.S.C. §1983 where a prison doctor order a change in Taylor's AIDS medication without notification. The new medication caused Taylor to suffer …
Failure to Exhaust Requires Hearing Before Dismissal by The court of appeals for the Second Circuit held that a prisoner's failure to exhaust administrative remedies was not grounds for dismissal for failure to state a claim. The court also held that pro se prisoner litigants must be given an opportunity …
Leave to Amend Complaint Improperly Denied by The court of appeals for the ninth circuit held that a district court erred in refusing to allow a pro se prisoner to amend his complaint. Fred Bennett, a California state prisoner, filed suit against various prison officials. The district court dismissed the …
Administrative Exhaustion Required in Third Circuit; U.S. S. Ct. Grants Review by The Court of Appeals for the Third Circuit ruled that the PLRA requires exhaustion of administrative remedies for all prisonerinitiated prisoncondition federal court actions, even if "available" remedies exclude the specific relief sought. Applying the rule to both …
Excessive Force Claims Require Administrative Exhaustion by The court of appeals for the Sixth circuit held that prisoners filing suit seeking only money damages for excessive use of force by prison employees must exhaust their administrative remedies before they file suit. Dwight Freeman, an Ohio state prisoner, filed suit seeking …
Sexual Assault, Beatings State Claim by The court of appeals for the Second circuit held that a district court erred when it, sua sponte, dismissed a prisoner's claim that he was beaten and sexually assaulted by guards. The court also held that the lower court erred when it dismissed the …
Article • November 15, 2000 • from PLN November, 2000
Administrative Remedies Exhaustion Tolls LA Statute of Limitations by Ronald Young By Ronald Young The court of appeals for the Fifth circuit held that state administrative proceedings a prisoner was required to exhaust tolled Louisiana's one-year prescriptive period for filing a civil rights claim. The court also held that the …
NY School-Age Prisoners Entitled to Educational Services by New York City school-age prisoners were granted declaratory judgment establishing defendants' liability for failure to provide adequate general and special educational services to class members at the Rikers Island facility. Plaintiffs in this class action § 1983 suit are 16- to 21-year-old …
Administrative Exhaustion Required in Bivens Suits by The court of appeals for the Sixth Circuit ruled that federal prisoners filing Bivens suits must exhaust all administrative remedies regardless of whether or not they are seeking money damages. As previously reported in PLN, the Fifth, Ninth and Tenth circuits have held …
Claim Exhausted When Prison Refuses Grievance Appeal by The court of appeals for the Eleventh circuit held that a Georgia prisoner had exhausted his administrative remedies as required under the Prison Litigation Reform Act (PLRA) when the prison refused to process his grievance appeal. Tracy Miller, a paraplegic Georgia state …
No Administrative Exhaustion Required When AG Won't Give Hearing by Paul Wright By Paul Wright A federal district court in New York held that a medical indifference claim required administrative exhaustion under the Prison Litigation Reform Act (PLRA) even though money damages were not available as a remedy in the …
Exhaustion Requirement Discussed, $86,250 Beating Award Upheld by The Sixth Circuit Court of Appeals held that the term prison conditions, as used in the Prison Litigation Reform Act at §1997e(a), includes claims of excessive force, thereby subjecting prisoner claims to the Act's administrative exhaustion requirement. The court also held that …
One-Year NY SHU Atypical and Significant Hardship by by Matthew T. Clarke A federal court in New York has held that one year in SHU is an atypical and significant hardship pursuant to Sandin v. Conner, 515 U.S. 472 (1995). The court also held that a prisoner must exhaust state …
Administrative Exhaustion not Jurisdictional Satisfied by Letters to Defendants by The court of appeals for the Sixth circuit reiterated that the Prison Litigation Reform Act (PLRA) requires administrative exhaustion in all cases, even where prisoners seek money damages not available via prison grievance systems. The court also held that the …
Exhaustion Not Required for Claims of Assault by A federal district court held that the Prison Litigation Reform Act's (PLRA) exhaustion requirement does not apply to assault claims. It also held that a cause of action under the Violence Against Women Act, (VAWA), is analogous to a cause of action …
Guard Proclaiming Open Season On Prisoner Actionable by Ronald Young The court of appeals for the Second circuit held that a prisoner, who alleged a guard told the other prisoners that it was "open season" on the prisoner, stated a claim under § 1983 for violation of the prisoner's Eighth …
Article • May 15, 2000 • from PLN May, 2000
Grievance Procedure Not Required by PLRA in All Lawsuits by The Ninth Circuit court of appeals has held that California state prisoners who seek only monetary damages in federal civil rights suits need not file a prison grievance before filing suit. MacArthur Rumbles, a California state prisoner, filed a civil …
Grievances Exhausted When Prison Officials Fail to Respond by The Seventh Circuit Court of Appeals held that when prison officials fail to respond to administrative remedies, those remedies are rendered "unavailable" and deemed exhausted under the Prison Litigation Reform Act (PLRA). The court also held that prison officials were not …
Dismissal Reversed for Determination Whether Prisoner Was Misled About Remedies by Dismissal Reversed for Determination Whether Prisoner Was Misled About Remedies The U.S. Third Circuit Court of Appeals reversed a Pennsylvania federal district court's dismissal of a state prisoner's suit. The court ruled that there was a substantial, disputed question …
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