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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 …
PLRA Exhaustion Requirement Not Retroactive
Article • April 15, 1999 • from PLN April, 1999
Filed under: Ventilation, PLRA, Administrative Exhaustion (PLRA), Administrative Exhaustion
PLRA Exhaustion Requirement Not Retroactive by The court of appeals for the Ninth circuit held that the administrative remedies exhaustion provision of 42 U.S.C. § 1997e(a), as amended by the PLRA, does not apply retroactively to prisoner actions filed prior to its enactment date of April 26, 1996. The court …
No Administrative Exhaustion Required for Monetary Claims; No Qualified Immunity for the Malicious Use of Force
Article • March 15, 1999 • from PLN March, 1999
Filed under: Strip Searches, Administrative Exhaustion (PLRA), Excessive Force, Guard Brutality/Beatings, Pepper Spray/Tear Gas, Qualified Immunity
No Administrative Exhaustion Required for Monetary Claims; No Qualified Immunity for the Malicious Use of Force by Two federal district courts in Illinois held that a state prisoner was not required to exhaust his administrative remedies when filing suit seeking damages if the administrative remedies did not provide for damages. …
Administrative Exhaustion Doesn't Include Judicial Remedies
Article • March 15, 1999 • from PLN March, 1999
Filed under: Disciplinary Hearings, Disciplinary Litigation, Administrative Exhaustion (PLRA)
Administrative Exhaustion Doesn't Include Judicial Remedies by The court of appeals for the Third circuit held that the Prison Litigation Reform Act's (PLRA) administrative exhaustion requirement does not include judicial exhaustion as well. Hassan Jenkins, a New Jersey state prisoner, filed suit in federal court claiming his due process rights …
Dismissal with Prejudice for Failure to Exhaust; Prison Must Process Grievance within Time Limits
Article • February 15, 1999 • from PLN February, 1999
Filed under: Work, Inability to Work, Administrative Exhaustion (PLRA)
Dismissal with Prejudice for Failure to Exhaust; Prison Must Process Grievance within Time Limits by In an opinion of great importance to prisoners filing civil rights suits, the Fifth Circuit court of appeals has upheld a district court's dismissal with prejudice toward future in forma pauperis (IFP) filing of a …
No Exhaustion Required in Guard Attack
Article • November 15, 1998 • from PLN November, 1998
Filed under: Administrative Exhaustion (PLRA), Excessive Force, Guard Brutality/Beatings
No Exhaustion Required in Guard Attack by A federal district court in New York held that 42 U.S.C. § 1997e of the PLRA did not require a prisoner to exhaust administrative remedies before filing suit over being beaten by prison guards. Candido Rodriguez is a New York state prisoner who …
Failure to Exhaust Administrative Remedies Not Jurisdictional
Article • November 15, 1998 • from PLN November, 1998
Filed under: Medical, Injury -- Misc., Administrative Exhaustion (PLRA)
Failure to Exhaust Administrative Remedies Not Jurisdictional by A federal district court in California held that 42 U.S.C. § 1997e(a) is not a jurisdictional prerequisite for federal courts to hear prisoner lawsuits; administrative exhaustion under that statute is not required when a prisoner seeks money damages as relief and the …
No Administrative Exhaustion for Bivens Suit
Article • October 15, 1998 • from PLN October, 1998
Filed under: Eighth Amendment, Administrative Exhaustion (PLRA), Excessive Force, Guard Brutality/Beatings, Damages
No Administrative Exhaustion for Bivens Suit by No Administrative Exhaustion for Bivens Suits The court of appeals for the Ninth and Tenth circuits held that federal prisoners filing Bivens suits for money damages against Bureau of Prisons (BOP) officials need not exhaust administrative remedies where congress has made no provision …
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