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Article • June 15, 2012 • from PLN June, 2012
Judge, Not Jury, Must Resolve Questions about Administrative Exhaustion by Factual disputes surrounding whether a prisoner properly exhausted administrative remedies under the Prison Litigation Reform Act (PLRA) prior to filing suit must be resolved by the court, not a jury, the U.S. Court of Appeals for the Second Circuit held …
No “Strike” Under PLRA When Some Claims are Heard on the Merits by Brandon Sample A prisoner does not incur a “strike” under the Prison Litigation Reform Act (PLRA) unless his or her suit is dismissed entirely as frivolous, malicious or for failure to state a claim, the U.S. Court …
Coats v. Fox, 9th Cir, Def Answering Brief, failure to treat Hep C, 2012 11-18085 IN TliE UNITED STATES COURT OF APPEALS FOR Tl-ffi NINTH CIRCUIT .oi- WILLIAM THOMAS COATS, A Plaintiff-Appellant, V. MICHAEL FOX, Defendant-Appellee. On Appeal from the United States District Court for the Eastern District of California …
Coats v. Fox, 9th Cir, Def Supp Excerpts of Record, failure to treat Hep C, 2012 ^NC 11-18085 IN THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT WILLIAM THOMAS COATS, Plaintiff-Appellant, MICHAEL FOX, Defendant-Appellee. On Appeal from the United States District Court for the Eastern District of California …
Article • May 15, 2012 • from PLN May, 2012
Ninth Circuit Holds New Claims Need Only be Exhausted Prior to Filing Amended Complaint by The Ninth Circuit has held that a § 1983 prisoner litigant who wants to raise new claims based on conduct that occurred after an initial complaint was filed may do so by exhausting available administrative …
Florida Court Permits Female Prisoner's Lawsuit for Forced Sex with Guard to Go Forward by Derek Gilna By Derek Gilna A Florida District Court has permitted parts of a lawsuit by a female prisoner for being forced into sex by a male prison guard to go forward, finding that questions …
Tennessee CCA Warden Fails to Prove Non-Exhaustion in Prisoner’s Excessive Force and Retaliation Suit by A Tennessee federal court denied prison officials summary judgment for non-exhaustion under the Prison Litigation Reform Act, finding that they failed to satisfy their burden of proving non-exhaustion. James Ingram was a prisoner at the …
Second Circuit Rules No Property Interest in Prison Industries Job, Joining Third, Fifth and Seventh Circuits by In an unpublished opinion, the Second Circuit Court of Appeals held that federal prisoners do not have a protected property interest in a UNICOR job assignment. The court also affirmed the dismissal for …
State-by-State Prisoner Rape and Sexual Abuse Round-Up by Matthew Clarke by Matt Clarke and Alex Friedmann In 2006, Prison Legal News published a cover story, Guards Rape of Prisoners Rampant, No Solution in Sight, that presented a compilation of news reports concerning the rape and sexual abuse of prisoners by …
BOP Fails to Prove Non-Exhaustion Following Pavey Hearing by Mark Wilson On June 7, 2011, an Illinois U.S. District Court held that federal prison officials had failed to satisfy their burden of proving a prisoner did not exhaust administrative remedies before bringing suit. Chad Alan Hicks was confined at the …
Ninth Circuit: California Prisoner Need Not Appeal from Satisfactory Grievance Response in Order to Exhaust Administrative Remedies by Michael Brodheim Clarifying “the boundaries of proper exhaustion” within the context of California’s prison system, the Ninth Circuit Court of Appeals held that a prisoner “has no obligation to appeal from a …
Article • November 15, 2011 • from PLN November, 2011
Tenth Circuit Rules Oklahoma Prisoner Exhausted Administrative Remedies by The U.S. Court of Appeals for the Tenth Circuit reversed the dismissal of an Oklahoma prisoner’s civil rights lawsuit against prison officials for refusing to provide him with a vegetarian diet consistent with his faith. In reversing the district court, the …
Eighth Circuit Upholds Denial of Qualified Immunity on Medical Claims Against CMS by On July 20, 2010, the Eighth Circuit Court of Appeals affirmed in part a district court’s denial of summary judgment to prison officials on the medical claims of two Arkansas state prisoners. Arkansas Department of Corrections (ADOC) …
Article • November 15, 2011 • from PLN November, 2011
Incapacitation Good Cause for Untimely Exhaustion Under PLRA by The Seventh Circuit Court of Appeals has held that physical incapacitation constitutes good cause for failure to exhaust administrative remedies within the time frame set by prison officials. As such remedies are not “available” within the meaning of the Prison Litigation …
Federal Court Rules on Exhaustion Issues for Joined Plaintiffs in Lawsuit Against CCA by On October 18, 2010, an Idaho federal court held that prisoners who were subjected to confusing rules and advice from prison officials regarding how to raise grievance issues had adequately exhausted their administrative remedies when they …
Summary Judgment for CCA Reversed in Filthy Jail Conditions Case by David Reutter On April 15, 2011, the Sixth Circuit Court of Appeals reversed a district court’s grant of summary judgment to Corrections Corporation of America (CCA) in a civil rights action alleging Eighth Amendment violations after CCA staff left …
Ninth Circuit: California Prisoner Need Not Appeal from Satisfactory Grievance Response in Order to Exhaust Administrative Remedies by Michael Brodheim Clarifying “the boundaries of proper exhaustion” within the context of California’s prison system, the Ninth Circuit Court of Appeals held that a prisoner “has no obligation to appeal from a …
Total Exhaustion Rule Not Applicable to § 1983 Claims; 90 Days of Unusually Harsh Conditions States Due Process Claim by Total Exhaustion Rule Not Applicable to § 1983 Claims; 90 Days of Unusually Harsh Conditions States Due Process Claim The Second Circuit Court of Appeals has held the total exhaustion …
Names of Prison Staff Not Required In Grievances by Brandon Sample By Brandon Sample New York state prisoners do not have to name prison officials in their grievances in order to exhaust administrative remedies, the U.S. Court of Appeals for the Second Circuit decided February 2, 2009. The court's decision …
Article • August 15, 2011
Ninth Circuit: California DOC's 15-Day Administrative Appeal Filing-Time-Limit Applies to Initial Instance of Grievance - Not To Ongoing Recurrence by John Dannenberg by John E. Dannenberg The Ninth Circuit U.S. Court of Appeals, following remand from the U.S. Supreme Court, held that a California prisoner had not exhausted his administrative …
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