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Brutality Claim Set for Trial by The plaintiff complained of failure to protect from inmate assault, excessive force, and retaliation for his successful appeal of a protective custody placement. The failure to protect claim is dismissed for non-exhaustion even though the plaintiff alleged that he did not file grievances because …
Suit Over NY Protective Custody Conditions Dismissed by The plaintiffs complained of conditions in protective custody. They could not represent a class because they were proceeding pro se. The case is dismissed for non-exhaustion. Even if one plaintiff's letters of complaint were adequate to exhaust (which they probably are not), …
Article • May 15, 2007
Some Damages Allowed in Visiting Suit by Plaintiffs are visitors and prisoners who were involved with staff in an altercation in the jail. They withdrew their claim of "psychiatric injuries," and defendants then claimed they could recover only nominal damages absent physical injury. The court concludes that the plaintiffs have …
Retaliation Claim Doesn't Require Exhaustion by A complaint of individualized retaliatory action is not a prison conditions claim requiring exhaustion of administrative remedies. At 185: "The plain language of 'prison conditions' suggest those aspects of prison life affecting the entire prison population, such as the food, medical care, recreational facilities, …
Retaliatory Transfer, Arm Smashing by Guards, Denial of Care State Claim by The plaintiff complained that an officer intentionally smashed his hand and arm in the food slot in his cell door, and then denied him medical care. He recounted a second incident of the same nature, plus additional incidents …
Article • May 15, 2007
Administrative Exhaustion for Kidney Transplant Habeas by Petitioner filed a habeas petition to get a furlough so he could get a kidney transplant. The court dismisses for non-exhaustion without commenting on the fact that this is a habeas proceeding, whether it is a proper habeas proceeding, whether the PLRA should …
ADA Claim Dismissed for Non Exhaustion by The plaintiff brought an ADA suit against prison staff. He "stated that he had not exhausted his administrative remedies because, when he asked his counselor, one of the defendants, for a grievance form, the counselor told him to get out of his office." …
Article • May 15, 2007
MA DOC Refuses to Process Civil Rights Grievances by The practice of what is grievable is shown to diverge from the written policy. At 77-78: From the proceedings that transpired below on remand, it appears that the Massachusetts Department of Corrections had no grievance procedure available for complaints of the …
Article • May 15, 2007
Filed under: PLRA, Filing Fees (PLRA)
Multiple Prisoner Plaintiffs Can Split Filing Fee by In a multi-plaintiff case, defendants moved to make each plaintiff pay the entire filing fee, relying on Hubbard v. Haley. The court points out that Hubbard doesn't support their position, since it holds that the PLRA repeals the joinder provisions of the …
Article • May 15, 2007
Filed under: PLRA, Filing Fees (PLRA)
Trial Court Abuses Discretion in Dismissed Suit over Filing Fee Payment by The plaintiff neither signed an authorization form authorizing deduction of filing fees from his account nor withdrew the action within the 20 days allowed; the court dismissed without prejudice. The order is appealable even though dismissals with prejudice …
Court Enjoins Transfer of BOP Prisoners to Virginia DOC under RFRA by The plaintiff District of Columbia prisoners (two Sunni Muslims and a Rastafarian who had taken the Vow of the Nazarite) alleged that their placement by the federal Bureau of Prisons in Virginia prisons, which forbid beards and long …
Administrative Exhaustion Required in Jail Assault Case by The plaintiff sued over an assault by other prisoners. The court dismisses for failure to exhaust, notwithstanding his arguments that he did not receive a copy of the jail handbook and did not know about the grievance procedure; that he told staff …
Hearing Officer Not Required to Identify Favorable Witnesses by The plaintiff alleged that the tape of his disciplinary hearing was tampered with to obfuscate a favorable answer from a witness. Since no tape is required by due process, and the plaintiff got the written statement setting forth the reasons for …
IFRP Claim Not Exhausted by The plaintiff alleged he was placed on "refusal status" for declining to pay more to the Inmate Financial Responsibility Program. The plaintiff failed to exhaust his administrative remedies. He said he repeatedly asked for the necessary grievance form and did not get it because inter …
Article • May 15, 2007
Grievance and Harassment Complaint Must be Filed to Exhaust by The plaintiff did not file a grievance; instead, he wrote to the Superintendent and contacted the Inspector General. At 397: "Prison officials are entitled to require strict compliance with an existing grievance procedure." Hemphill v. New York, 198 F.Supp.2d 546, …
Grievance Deadlines Bar NY Brutality Suit by The plaintiff's letter to the Superintendent complaining of excessive force, sent five months after the incident, was not a grievance and did not meet the exhaustion requirement. At 549: Prison officials are entitled to require strict compliance with an existing grievance procedure. Plaintiff …
Article • May 15, 2007
Abuse of Discretion Applied to PLRA Frivolous Dismissals by Under 28 U.S.C. § 1915A(b)(1), dismissals for factual frivolousness are mandatory rather than discretionary, and dismissal is without prejudice. The statute doesn't say without prejudice, but the implication is clear, since it applies to all prisoner suits, not just IFP suits. …
Article • May 15, 2007
Mistake of Law Excuses Lack of Administrative Exhaustion by At 486: "The issue is whether justifiable circumstances may sometimes excuse a prisoner's failure to exhaust administrative remedies when challenging conditions of confinement. We conclude that exhaustion may sometimes be excused and should be excused in this case." The plaintiff did …
Article • May 15, 2007
Informal Grievance Exhaustion Satisfies PLRA by The plaintiff did not use the grievance system but informally exhausted her administrative remedies with respect to an incident in the Nassau County Jail. The plaintiff informed the Sheriff's Department's Internal Affairs unit and the DA's office, triggering an investigation by the Sheriff's Bureau …
Denial of Disciplinary Witnesses Upheld by At 639: Where an inmate's federal claims arise directly out of a disciplinary or administrative segregation hearing . . . (e.g., a claim of denial of procedural due process), "he exhausts his administrative remedies by presenting his objections in the administrative appeals process, not …
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