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Ninth Circuit Holds Exhaustion of Remedies Mandatory Before Filing Suit
Article • May 15, 2000 • from PLN May, 2000
Filed under: PLRA, Administrative Exhaustion (PLRA)
Ninth Circuit Holds Exhaustion of Remedies Mandatory Before Filing Suit by The U.S. Ninth Circuit Court of Ap-peals joined eight other U.S. Courts of Appeals in holding that the Prison Litigation Reform Act (PLRA) mandates, under 42 U.S.C. § 1997e(a), that administrative remedies must be exhausted prior to a prisoner …
Seventh Circuit Prisoners Must Exhaust Futile Grievance Remedies
Article • April 15, 2000 • from PLN April, 2000
Filed under: Medical, Injury -- Misc., Hernias, Administrative Exhaustion (PLRA), Defenses, Complaints
Seventh Circuit Prisoners Must Exhaust Futile Grievance Remedies by In two separate rulings, the Seventh Circuit Court of Appeals has held that prisoners must exhaust administrative remedies before filing suit, regardless of the relief sought and no matter how ineffectual the prison grievance system may be. Eduardo Perez, a Wisconsin …
PLRA Administrative Remedy Exhaustion Requirement Not Retroactive
Article • February 15, 2000 • from PLN February, 2000
Filed under: Administrative Exhaustion (PLRA), Religious Freedom, Clergy
PLRA Administrative Remedy Exhaustion Requirement Not Retroactive by The Second Circuit has held that the Exhaustion of Administrative Remedies requirement of the Prison Litigation Reform Act (PLRA), 42 U.S.C. § 1997e(a), does not apply to suits pending prior to the PLRA's enactment. Abdullah Y. Salahuddin, a New York state prisoner, …
Administrative Remedies Exhausted When Response Time Elapses
Article • December 15, 1999 • from PLN December, 1999
Filed under: Disciplinary Hearings, False Charges (Disciplinary Hearings), Failure to Protect (General), Administrative Exhaustion (PLRA)
Administrative Remedies Exhausted When Response Time Elapses by The court of appeals for the Fifth circuit held that prison administrative remedies are deemed exhausted when the time period for the prison's response elapses, regardless of whether or not the prison has responded. 42 U.S.C. § 1997e requires that prisoners exhaust …
Dismissal of Haircut Suits Reversed
Article • December 15, 1999 • from PLN December, 1999
Filed under: Administrative Exhaustion (PLRA), Grooming Rules, Religious Freedom, Religious Grooming
Dismissal of Haircut Suits Reversed by In two brief, separate rulings, the court of appeals for the Eighth circuit reversed and remanded the dismissal of lawsuits challenging prison haircut rules by Rastafarian prisoners. In one case, the court held the district court had improperly concluded the plaintiff had not exhausted …
A Guide to the Prison Litigation Reform Act, by John Boston (Review)
Article • November 15, 1999 • from PLN November, 1999
Filed under: Reviews, PLRA, Attorney Fees (PLRA), Consent Decrees (PLRA), Administrative Exhaustion (PLRA), Filing Fees (PLRA), Frivolous Litigation (PLRA), Physical Injury Rule, Injunctions (PLRA)
A Guide to the Prison Litigation Reform Act, by John Boston (Review) by Paul Wright Review by Paul Wright The passage of the Prison Litigation Reform Act (PLRA) in 1996 has significantly changed many aspects of prison and jail litigation. The PLRA makes it increasingly difficult for prisoner plaintiffs to …
Heck Not Applicable to Ad Seg; Only "Available" Exhaustion Required
Article • November 15, 1999 • from PLN November, 1999
Filed under: Disciplinary Hearings, Disciplinary Litigation, Administrative Exhaustion (PLRA)
Heck Not Applicable to Ad Seg; Only "Available" Exhaustion Required by Heck Not Applicable to Ad Seg; Only "Available" Exhaustion Required A federal district court in California held that the principles of Heck v. Humphrey, 512 U.S. 477 (1994), do not apply to claims that do not involve deprivation of …
No Written Screening or Administrative Exhaustion Required
Article • September 15, 1999 • from PLN September, 1999
Filed under: PLRA, Administrative Exhaustion (PLRA)
No Written Screening or Administrative Exhaustion Required by A federal district court in Alaska chided the Alaska attorney general's office when the latter complained the court was not providing a written summary of its screening of prisoner lawsuits under 28 U.S.C. § 1915A. The court held it was under no …
Private Prison Denied Wiretap Exception
Article • September 15, 1999 • from PLN September, 1999
Filed under: Cornell Corrections, Administrative Exhaustion (PLRA), Standing, Telephones, Attorney Calls, Telephone Monitoring
Private Prison Denied Wiretap Exception by A federal district court in Rhode Island held that a private jail is neither a "law enforcement" agency, nor a federal Bureau of Prisons (BOP) facility, that would shield it from liability under federal wiretapping statutes, 18 U.S.C. §§ 2510-2520 (the Act). The court …
Administrative Exhaustion Required in all Cases
Article • September 15, 1999 • from PLN September, 1999
Filed under: Administrative Exhaustion (PLRA), Excessive Force, Guard Brutality/Beatings
Administrative Exhaustion Required in all Cases by A federal district court in New York held that a prisoner claiming guards beat him was required to exhaust his administrative remedies pursuant to 42 U.S.C. § 1997e. This case is especially useful because it summarizes all the conflicting rulings on this issue. …
Total Administrative Exhaustion Not Required
Article • September 15, 1999 • from PLN September, 1999
Filed under: PLRA, Administrative Exhaustion (PLRA)
Total Administrative Exhaustion Not Required by A federal district court in Michigan held that 42 U.S.C. § 1997e(a) does not require administrative exhaustion of all claims raised in a complaint. Instead, a court can dismiss the unexhausted claims without prejudice rather than dismiss the entire complaint. The court held that …
No Exhaustion Required in Wisconsin When Only Money Damages Are Sought
Article • September 15, 1999 • from PLN September, 1999
Filed under: PLRA, Administrative Exhaustion (PLRA)
No Exhaustion Required in Wisconsin When Only Money Damages Are Sought by A federal district court in Wisconsin held that Wisconsin prisoners filing suit and seeking only money damages, are not required to exhaust their administrative remedies under 42 U.S.C. § 1997e(a) because the Wisconsin prison grievance system does not …
No Administrative Exhaustion Requirement for Ex-Prisoners
Article • August 15, 1999 • from PLN August, 1999
Filed under: PLRA, Administrative Exhaustion (PLRA)
No Administrative Exhaustion Requirement for Ex-Prisoners by The court of appeals for the Second circuit held that former prisoners who sue over prison or jail conditions of confinement are not required to exhaust their administrative remedies before filing suit in federal court. James Greig, a New York state parolee, filed …
PLRA Doesn't Require Notice of Claim for Exhaustion
Article • August 15, 1999 • from PLN August, 1999
Filed under: PLRA, Administrative Exhaustion (PLRA)
PLRA Doesn't Require Notice of Claim for Exhaustion by Afederal district court in Wisconsin held that 42 U. S.C. 1997e(a) of the Prison Litigation Reform Act (PLRA) does not require prisoners to file a notice of claim with the state attorney general's office in order to exhaust their administrative remedies. …
Exhaustion Required
Article • July 15, 1999 • from PLN July, 1999
Filed under: Drug Testing, PLRA, Administrative Exhaustion (PLRA)
Exhaustion Required by A federal district court in New York held that a New York state prisoner was required to exhaust the prison grievance system before filing suit. The court held that exhaustion under 42 U.S.C. § 1997e(a) is required even if the grievance process is futile. The case involved …
Illinois Exhaustion Described
Article • July 15, 1999 • from PLN July, 1999
Filed under: Administrative Exhaustion (PLRA), Excessive Force, Guard Brutality/Beatings
Illinois Exhaustion Described by A federal district court in Illinois held that a prisoner had fully exhausted all available administrative remedies under 42 U.S.C. § 1997e when he submitted a grievance through all levels of the Illinois Department of Corrections. Brian Jones filed suit claiming a prison guard beat him …
PLRA Physical Injury and Administrative Exhaustion Requirements Not Retroactive
Article • July 15, 1999 • from PLN July, 1999
Filed under: Toilets, Administrative Exhaustion (PLRA), Physical Injury Rule, Court Access, Court Appearances
PLRA Physical Injury and Administrative Exhaustion Requirements Not Retroactive by A federal district court in Illinois held that 42 U.S.C. § 1997e(a), which requires administrative exhaustion before prisoners file suit, and 42 U.S.C. § 1997e(e), which requires physical injury, before prisoners can file suit, do not apply retroactively to suits …
Fifth Circuit Upholds PLRA Exhaustion Requirement
Article • June 15, 1999 • from PLN June, 1999
Filed under: Administrative Exhaustion (PLRA), Excessive Force, Guard Brutality/Beatings
Fifth Circuit Upholds PLRA Exhaustion Requirement by Ronald Young The court of appeals for the Fifth circuit affirmed a lower court's dismissal of a prisoner's 42 U.S.C.A. § 1983 claims for failure to exhaust administrative remedies prior to filing suit as required by 42 U.S.C. § 1997e. However, the claims …
Federal Prisoners Must Exhaust Administrative Remedies Before Suing
Article • June 15, 1999 • from PLN June, 1999
Filed under: Administrative Exhaustion (PLRA), Mail, Sexually Explicit Materials
Federal Prisoners Must Exhaust Administrative Remedies Before Suing by The court of appeals for the Eleventh Circuit has held that federal prisoners must exhaust administrative remedies before filing a Bivens suit against prison officials. Michael Alexander, a federal prisoner, filed a Bivens suit challenging the constitutionality of prison regulations prohibiting …
Exhaustion Not Required for Bivens Claim
Article • June 15, 1999 • from PLN June, 1999
Filed under: Administrative Exhaustion (PLRA), Civil Procedure, Complaints, Federal Tort Claims Act
Exhaustion Not Required for Bivens Claim by Exhaustion Not Required for Bivens Claims The court of appeals for the Fifth Circuit held that federal prisoners pressing Bivens claims against federal officials for only monetary relief need not exhaust meaningless administrative remedies. The court further held that a party is entitled …
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