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Article • May 15, 2007
Limitations Period Tolled During Exhaustion Process by The plaintiff alleged serious injuries as a result of an assault by another prisoner. Defendants moved to dismiss on limitations grounds. Whether the limitations period is equitably tolled during exhaustion is determined by state tolling doctrines. There's no law directly on point in …
Title VII Claim Against NY Jail by Employee Proceeds by The plaintiff correctional employee alleged discrimination based on national origin and retaliation for defending himself against discrimination charges in a Title VII administrative complaint, but in the subsequent lawsuit asserted a claim of racial discrimination. The plaintiff may pursue the …
Article • May 15, 2007
Eye Damage Cause by TB Medication Suit Dismissed for Failure to Exhaust by The plaintiff suffered severe visual damage from TB medication. He didn't exhaust against the nurse who made him take the medication and ignored his complaints of side effects. Non-exhaustion is not excused by the fact that he …
Article • May 15, 2007
Court Questions Prison Administrative Remedies by The court of appeals for the Eighth circuit held that a federal prisoner in Missouri's lawsuit should be stayed while he exhausted administrative remedies. This is no longer good law since the PLRA was enacted. Court's comment is useful: "We question whether any adequate …
Section 2241 Proper Remedy for BOP Disciplinary Hearings by The court of appeals for the Seventh circuit held that a BOP prisoner in Illinois had properly filed a 28 U.S.C. S 2241 petition challenging a BOP disciplinary hearing even though he had not exhausted the BOP's administrative remedy program. While …
Administrative Exhaustion Not Required Under 42 U.S.C. § 1983 by The United States Supreme Court held that it was not necessary for a prisoner to resort to state administrative remedies before seeking relief under 42 U.S. C. § 1983 for the violation of his constitutional rights. In this case, Pennsylvania …
Article • May 15, 2007
Dismissal for Failure to Exhaust Reversed by The U.S. Court of Appeals, Ninth Circuit, reversed a federal district court's dismissal of a California state prisoner's 42 U.S.C. §1983 complaint. Alonzo Lee Taylor appealed the judgment of a federal district court where the court dismissed Taylor's second amended complaint (SAC) on …
Confiscation of Political Literature, Denial of Hearing Notice and Witnesses States Claim by Confiscation of Political Literature, Denial of Hearing Notice and Witnesses States Claim The Second Circuit Court of Appeals held a district court erred in dismissing a prisoner's civil rights complaint for failure to state a cause of …
Washington: Sanctions For Insolent/Threatening Language In Grievances Constitutional by Washington: Sanctions For Insolent/Threatening Language In Grievances Constitutional The Court of Appeals of the State of Washington, Division I, held that sanctions resulting from a prisoner's use of insolent and threatening language on an administrative grievance did not violate the First …
Article • May 15, 2007
Dismissed §1983 Claim Reversed; Amendment Should Have Been Allowed by Dismissed §1983 Claim Reversed; Amendment Should Have Been Allowed The U.S. Ninth Circuit Court of Appeals reversed a California federal district court's dismissal of a state prisoner's civil rights complaint, holding that the lower court erred in denying the prisoner …
Article • May 15, 2007
Dismissal for Failure to Exhaust Remedies Vacated by The U.S. Court of Appeals, Third Circuit, vacated and remanded a district court dismissal, under 42 U.S.C. §1997e(a), of a Pennsylvania state prisoner's 42 U.S.C. §1983 suit. Larry L. Greer sued Pennsylvania prison officials under 42 U.S.C. §1983 claiming violations of his …
Disabled Prisoner Claim Not Actionable Under Federal Civil Rights Action by State prisoner Timothy Reaves filed a State court action alleging claims under 42 U.S.C. § 1983, the Americans with Disabilities Act (ADA), and the U.S. and Massachusetts Constitutions. Reaves is a quadriplegic with a brain injury suffered in a …
Conflict of Law Analysis Required in Multi State FTCA Litigation by Dana Maye El filed a pro se suit against the United States for unspecified torts under the Federal Torts Claim Act in New Jersey raising claims that occurred in New Jersey, Missouri, and Pennsylvania. The district court granted the …
Article • May 15, 2007
Delay in Processing Administrative Claims Okay by Extended delays by the state Division of Human Rights in processing discrimination claims did not deny due process. A legal cause of action is property. However, procedural deficiencies that do not finally dispose of that cause of action are not a deprivation of …
BOP Hernia Suit Dismissed for Non Exhaustion by The plaintiff complained of delay in hernia surgery but did not exhaust administrative remedies. His argument that the remedy doesn't provide damages was rejected in Booth v. Churner. His claim that he was denied the necessary forms is rejected because he filed …
Exposure to Smoke, Retaliatory Discipline and Dish Washing Claims Dismissed by Complaints of "sporadic and fleeting" exposure to second hand smoke on bus rides were properly dismissed as frivolous absent "competent evidence that [the plaintiff's] intermittent exposure to smoke during bus rides was an unreasonable risk to his health." (498) …
Article • May 15, 2007
BOP Prisoner Suit Dismissed for Failing to Exhaust by Plaintiff failed to exhaust because he did not try to resolve his claims informally and did not file a remedy request with the warden. Though the regulations permit bypassing these steps if the inmate reasonably believes the issues are too "sensitive," …
Exhaustion Required in Title VII Suits by The plaintiff asserted hostile work environment and violation of merit system claims under Title VII, and defendants asserted she did not exhaust them. However, the plaintiff said that she had grieved her alleged retaliatory discharge and that the arbitrator heard all the underlying …
Article • May 15, 2007
Eighth Circuit Requires Total Exhaustion Before Suit Filed by Dismissal is required if the plaintiff did not complete exhaustion before filing his complaint. The court does not require dismissal in this case. At 628: "In this posture, and because we are the first panel in this circuit to explicitly rule …
New Exhaustion Not Required for Enforcement of IDEA Remedy by An IDEA plaintiff who exhausted administrative remedies but remained aggrieved because the resulting IEP was not carried out was not required to exhaust again to enforce the initial decision. The fact that an IEP is supposed to be updated once …
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