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No Exhaustion Required for Money Damage Claims

Article • October 15, 1998 • from PLN October, 1998

Filed under: Injury -- Misc., Conditions of Confinement, Failure to Protect (General), Administrative Exhaustion (PLRA), Damages

No Exhaustion Required for Money Damage Claims by A federal district court in Illinois held that where prison administrative remedies do not provide for money damages there is no administrative remedy available for prisoner plaintiffs to exhaust within the meaning of 42 U.S.C. § 1997e(a) of the PLRA. Section 1997e(a) …

Sixth Circuit Requires Administrative Exhaustion

Article • September 15, 1998 • from PLN September, 1998

Filed under: PLRA, Administrative Exhaustion (PLRA)

Sixth Circuit Requires Administrative Exhaustion by The court of appeals for the sixth circuit ruled that all prisoners filing § 1983 actions involving prison or jail conditions must allege, and prove, they have exhausted administrative remedies and a failure to do so will result in the dismissal, without prejudice, of …

Administrative Exhaustion

Article • September 15, 1998 • from PLN September, 1998

Filed under: Retaliation, Retaliation for Filing Grievances, Administrative Exhaustion (PLRA)

Administrative Exhaustion by Administrative Exhaustion: A federal district court in California held that prisoners filing suit under 42 U.S.C. § 1983 must first exhaust administrative remedies under 42 U.S.C. § 1997e(a). A California prisoner sued for money damages and declaratory relief after he was removed from a prisoner advisory council. …

Administrative Exhaustion Still Required

Article • September 15, 1998 • from PLN September, 1998

Filed under: Conditions of Confinement, Failure to Protect (General), Administrative Exhaustion (PLRA)

Administrative Exhaustion Still Required by Administrative Exhaustion Still Required: A federal district court in New York dismissed a prisoner's suit due to the plaintiff's failure to exhaust administrative remedies under § 1997e(a). Anthony Soto, a New York state prisoner, filed suit claiming prison officials failed to protect him from attack …

Proof of Administrative Exhaustion Required

Article • August 15, 1998 • from PLN August, 1998

Filed under: PLRA, Administrative Exhaustion (PLRA)

Proof of Administrative Exhaustion Required by Proof of Administrative Exhaustion Required: A federal district court in California held that prisoners filing suit have to provide proof, at the time of filing, that they have exhausted their administrative remedies pursuant to 42 U.S.C. § 1997e(a). "Before he may properly file an …

CA Tort Claim Not Required for Administrative Exhaustion

Article • August 15, 1998 • from PLN August, 1998

Filed under: PLRA, Administrative Exhaustion (PLRA)

CA Tort Claim Not Required for Administrative Exhaustion by CA Tort Claim Not Required for Administrative Exhaustion: A federal district court in California held that it is not necessary for CDC prisoners to submit a California Tort Claims Act (CTCA) complaint to the state Board of Control before filing suit …

Grievance Exhaustion Required

Article • May 15, 1998 • from PLN May, 1998

Filed under: Retaliation, Retaliation for Litigating, Administrative Exhaustion (PLRA)

Grievance Exhaustion Required by The court of appeals for the sixth circuit held that 42 U.S.C. § 1997e(a) requires administrative exhaustion of all claims filed after the April 26, 1996, enactment of the Prison Litigation Reform Act (PLRA). Section 1997e(a) states that "no action shall be brought with respect to …

Exposure to Cold States Claim Exhaustion Requirement of PLRA Not Retroactive

Article • February 15, 1998 • from PLN February, 1998

Filed under: Exposure to Cold, PLRA, Administrative Exhaustion (PLRA)

Exposure to Cold States Claim Exhaustion Requirement of PLRA Not Retroactive by A federal district court in Illinois held that a prisoner's allegations of exposure to extreme cold while confined to a cell states an eighth amendment claim. The court also declined to apply the exhaustion of administrative remedies requirement …

PLRA Exhaustion Requirement Jurisdictional

Article • November 15, 1997 • from PLN November, 1997

Filed under: Sex Offenders (Discrimination), Gay/Lesbian, Conditions of Confinement, Failure to Protect (General), Administrative Exhaustion (PLRA)

PLRA Exhaustion Requirement Jurisdictional by A federal district court in Arizona held that the PLRA's administrative exhaustion requirement, codified at 42 U.S.C. § 1997e(a), requires prisoners to exhaust administrative remedies and the failure to do so deprives the court of subject matter jurisdiction. Dallas Morgan, an Arizona state prisoner, filed …

Administrative Exhaustion Requirements Not Retroactive

Article • July 15, 1997 • from PLN July, 1997

Filed under: PLRA, Administrative Exhaustion (PLRA)

Administrative Exhaustion Requirements Not Retroactive by The court of appeals for the sixth circuit held that 42 U.S.C. § 1997e(a), which requires prisoners to exhaust administrative remedies before filing suit in federal court do not apply to cases pending on April 24, 1996, when the PLRA was signed into law, …

PLRA Codifies Injunction Standards in Conditions Case

Article • May 15, 1997 • from PLN May, 1997

Filed under: Conditions of Confinement, Failure to Protect (General), Eighth Amendment, Staffing, Shelter, Administrative Exhaustion (PLRA), Injunctions (PLRA), Injunctions, Qualified Immunity, Supervisory Liability, Failure to Protect (Wrongful Death)

PLRA Codifies Injunction Standards in Conditions Case by In the December, 1995, issue of PLN we reported Smith v. Arkansas DOC, 877 F. Supp. 1296 (ED AR 1995) in which the district court ordered increased staffing levels in open bay barracks prisons in Arkansas. The defendants appealed and the eighth …

Prison Litigation Reform Act Passed

Article • July 15, 1996 • from PLN July, 1996

Filed under: Victims, Overcrowding, Attorney Fees (PLRA), Consent Decrees (PLRA), Administrative Exhaustion (PLRA), Filing Fees (PLRA), Frivolous Litigation (PLRA), Physical Injury Rule, Injunctions (PLRA), Court Appearances, Civil Procedure, Damages, Preliminary Injunctions/TRO's, Special Masters, Default Judgments, Good Time, Restitution, Federal Legislation

Prison Litigation Reform Act Passed by Paul Wright On April 27, 1996, president Clinton signed the Prison Litigation Reform Act (PLRA) into law attached as a rider to the budget for the Justice Department. The PLRA is the culmination of a lengthy campaign waged by prisoncrats and the National Association …