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Injunction Against California DOC Precluded By PLRA, Turner by In this unpublished ruling the U.S. Court of Appeals for the Ninth Circuit held that the California Department of Corrections (CDC) did not have to comply with plaintiffs' proposed modifications to its procedures for housing and screening disabled prisoners and that …
Article • May 15, 2007
Stay of Action Must be Sought to Exhaust Administrative Remedies by The Supreme Court of Missouri has held that a prisoner is allowed to file suit against the Department of Corrections, or its employees, prior to exhaustion of administrative remedies providing the suit is filed within the statute of limitations. …
MI Prisoner's § 1983 Action Dismissed for Claiming Only Emotional Injury by MI Prisoner's § 1983 Action Dismissed for Claiming Only Emotional Injury Bobbie Adams, a Michigan state prisoner, claimed the Melanic Palace of the Rising Sun as his religion. Melanics were designated as a security threat group in the …
Delaware Force Suit Dismissed by The plaintiff resisted when staff tried to place chains and a padlock on his cell door, and force was used against him. He filed one grievance about alleged excessive force and resulting medical problems, and a second grievance about the placement of chains on his …
Article • May 15, 2007
Stun Gun Claim Properly Exhausted by Defendants said plaintiff's grievances were rejected because he didn't first file an informal grievance, so he hadn't exhausted. The plaintiff said he did indeed file an informal grievance, and he produced a copy. Also he produced his copy of the second grievance, which showed …
$1 Awarded To Utah Prisoner After Untimely Appeal Fails by Former Utah pre trial detainee Charles Farnsworth filed a Federal civil rights complaint against Salt Lake County Sheriff Aaron Kennard, the Salt Lake County Jail, and Salt Lake County Jail Captain David Glad, alleging denial of his First Amendment rights …
Article • May 15, 2007
Total Exhaustion Required Under PLRA by The plain language of the PLRA exhaustion requirement compels a "total exhaustion" rule--i.e., if one claim is unexhausted, all must be dismissed. General legislative intent and history supports that conclusion, as do policy considerations, since piecemeal litigation is more time-consuming than requiring all claims …
DC Court Lacks Jurisdiction Over Virginia DOC Officials by At 5-6: "Removing any doubt, we now hold, as has every circuit to have considered the matter, that the PLRA's exhaustion requirement simply 'governs the timing of the action' and does not contain the type of "'sweeping and direct'" language that …
Article • May 15, 2007
New Suit Requires PLRA Exhaustion by Plaintiff brought a suit pre-PLRA, tried to add additional claims after the PLRA, and was told to file a new suit. Since his new suit was filed after the enactment of the PLRA, it is governed by the exhaustion requirement. The fact that the …
Article • May 15, 2007
PLRA Filing Fees Prioritized on Prisoner Debt List by The plaintiff couldn't pay the initial filing fee because his money was taken for restitution, victim witness surcharge, and medical co-pay. The statute says that the initial fee is to be collected when funds "exist." Prison officials are therefore required to …
Article • May 15, 2007
NY Jail Finger Injury Suit Dismissed by The plaintiff had a medical care problem at a City jail. At 308: "New York State [sic] has procedures for filing grievances in each of its correctional facilities." The claim is dismissed for non-exhaustion. A bleeding finger is not a serious medical need. …
Article • May 15, 2007
PLRA Filing Fees Don't Apply to Immigration Detainees by At 885-86: . . . [T]he filing fee provisions of the PLRA, . . .do not apply to an alien detainee who proceeds in forma pauperis to petition for review from a BIA decision, so long as he does not also …
Snitch's Assault Claim Dismissed by The plaintiff was assaulted after he was named as an inmate informant in a disciplinary report. The court refuses to reconsider summary judgment for the hearing officer, since plaintiff shows no facts indicating that the hearing officer was aware of a significant risk before including …
Article • May 15, 2007
Administrative Exhaustion Required Despite No Response to Grievance by A plaintiff who merely asserts generally that he has exhausted, not contesting the specific statement of defendants that they have no record of an appeal to the highest level, is subject to dismissal for non-exhaustion. Even though pro se papers are …
Default Denied Where Defendant Ignores Complaint by The plaintiff is not entitled to a default judgment against a defendant who has not answered because he has not exhausted. The court does not explain in its two-sentence reference to this issue why the defendant in question hasn't waived exhaustion, and also …
Article • May 15, 2007
Failure to Exhaust Differs from Failure to State Claim under PLRA by The court rejects the proposition that failure to exhaust administrative remedies is a strike under the PLRA. At 965-66 (footnotes omitted): . . . [T]he PLRA does not use "failure to state a claim" and "failure to exhaust …
Article • May 15, 2007
Non Exhaustion Dismissals without Prejudice by The plaintiff was injured in a Puerto Rico prison and transferred to a federal institution, from which he filed suit. His claim is dismissed for non-exhaustion. The court distinguishes cases that say exhaustion is not required after release, and cites cases saying exhaustion is …
Article • May 15, 2007
Timeliness of Administrative Exhaustion Claim Needs to be Presented in Grievances by Timeliness of Administrative Exhaustion Claim Needs to be Presented in Grievances Plaintiff said he shouldn't have to exhaust because inmate assault is not grievable. Wrong. He said he shouldn't have to exhaust because Porter v. Nussle hadn't been …
Article • May 15, 2007
Loss of Time a Compensable Damage by Loss of Time a Compensable Damage The plaintiffs complained of a course of mistreatment by the police. At 208: "The concept of actual injury at common law is a broad one, and the Supreme Court has recognized that 'compensatory damages may include not …
Article • May 15, 2007
BOP Detainer Suit Dismissed by The plaintiff federal prisoner complained of a detainer lodged against him by Indiana. He asked for disposition of the Indiana charges as provided in the Interstate Agreement on Detainers, and was taken to Indiana for arraignment, then returned to federal custody, then taken back to …
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