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Administrative Remedies “Unavailable” when Prisoner under Threat of Intimidation or Retaliation by The Tenth Circuit Court of Appeals has held “that when a prison official inhibits a prisoner from utilizing an administrative process through threats or intimidation, that process can no longer be said to be ‘available’” under the Prison …
Second Circuit: Continuing Violations Exhausted with Single Grievance by The Second Circuit Court of Appeals held on May 16, 2012 that a New York district court had incorrectly concluded that a prisoner failed to exhaust his administrative remedies before bringing a religious freedom suit. Muslim prisoner Neil Johnson was confined …
Article • April 15, 2013
Ninth Circuit: Improper Screening of Prisoner's Grievances May Excuse Failure to Exhaust Under PLRA by In a ruling with potentially significant consequences, the Ninth Circuit held on September 27, 2010 that a prison official's improper screening out of a prisoner's grievances may excuse the prisoner's failure to exhaust administrative remedies, …
Ninth Circuit: Dismissals Not Strikes Until Appeals Final; Interference With Court Access and Retaliation Claims Reversed by The Ninth Circuit Court of Appeals reversed a lower court's dismissal of a pro se prisoner's interference with court access and retaliation claims. The court also held that dismissals do not count as …
Article • March 15, 2013 • from PLN March, 2013
Eighth Circuit: Procedurally Defaulted Grievances Decided on Merits are Considered Exhausted by On June 15, 2012, the Court of Appeals for the Eighth Circuit reversed the dismissal of a prisoner’s claims related to inadequate medical care. Missouri state prisoner Mark E. Hammett, while housed at the Jefferson County Correctional Center, …
Article • March 15, 2013
Dismissal of Pennsylvania Prisoner’s Legal Mail Claim Reversed by The Third Circuit Court of Appeals reversed the grant of summary judgment to officials at Pennsylvania’s State Correctional Institution at Smithfield (SCI) in a civil rights action claiming they engaged in a pattern or practice of opening a prisoner’s legal mail …
Forms of Judicial Deference in Prison Law by Sharon Dolovich by Sharon Dolovich1 Anyone familiar with the constitutional law of prisoners’ rights knows how ready courts are to find against prisoners in the name of “judicial deference.” It is not unreasonable for courts to grant a measure of deference to …
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) …
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