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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 …
Tenth Circuit: Cornell Corrections’ Procedural Defense To Federal Prisoner’s ETS Suit Fails On Inadequate Grievance Recordkeeping by John Dannenberg by John E. Dannenberg The Tenth Circuit U.S. Court of Appeals reversed the dismissal on summary judgment below and remanded to the U.S. District Court (D. N.Mex.) a pro per federal …
Sundry Claims Board Only Remedy For Maryland Prisoners Injured On Paid Jobs by Matthew Clarke by Matt Clarke A Maryland court of appeals has ruled that Maryland state prisoners injured on paid jobs may only seek compensation through the Sundry Claims Board (SCB). Melvin James Dixon, a former Maryland state …
Fifth Circuit Clarifies Procedure for PLRA Failure-to-Exhaust Dismissals by The Fifth Circuit Court of Appeals held that summary judgment may be granted when a defendant alleges failure to exhaust administrative remedies under the Prison Litigation Reform Act (PLRA), but, in this particular case, the record was not sufficiently developed to …
Discovery and Explanation Required Before Converting Motion into Motion for Summary Judgment by Brandon Sample By Brandon Sample Before converting a motion to dismiss into a motion for summary judgment, district courts must first give pro se parties (i) the opportunity to take relevant discovery, and (ii) an explanation of …
Article • July 15, 2011
Ninth Circuit Reverses Untimely California Exhaustion Dismissal in Failure to Protect Suit by Mark Wilson By Mark Wilson The Ninth Circuit Court of Appeals reversed a lower court’s dismissal of a California prisoner’s §1983 action for failure to exhaust administrative remedies. California prisoner Leonard Marella was stabbed by fellow prisoners. …
Article • July 15, 2011
Seventh Circuit: No Right to Jury Trial in Exhaustion Dispute by Mark Wilson By Mark Wilson The Seventh Circuit Court of Appeals held that a prisoner is not entitled to a jury trial to resolve factual disputes about his exhaustion of administrative remedies. Indiana prisoner Christopher Pavey sued several guards …
Tenth Circuit Reverses Lawsuit on Hygiene Versus Court Access for Second Time by Bob Williams For the second time, the Tenth Circuit has reversed the dismissal of a pro se prisoner’s lawsuit alleging he was denied basic hygiene items when his available money was spent on court-related expenses. Colorado state …
Article • June 15, 2011 • from PLN June, 2011
No Time Limit for Defendants to Raise a PLRA Defense by David Reutter by David M. Reutter On May 17, 2010, the Third Circuit Court of Appeals reversed a district court’s grant of summary judgment to prison officials on the eve of trial, holding it was an abuse of discretion …
Article • May 15, 2011 • from PLN May, 2011
Sixth Circuit Rules on Whether Prisoner Must Name Defendants in Grievance by The Sixth Circuit Court of Appeals held that the Michigan Department of Corrections (DOC) internal grievance policy rule that prisoners name all defendants did not invalidate a prisoner’s grievance for purposes of exhaustion of administrative remedies when prison …
Article • May 15, 2011
Tenth Circuit Follows Jones v. Bock, Reverses Full-Exhaustion Predicate in § 1983 Cases by John Dannenberg Tenth Circuit Follows Jones v. Bock, Reverses Full-Exhaustion Predicate in § 1983 Cases by John E. Dannenberg The Tenth Circuit U.S. Court of Appeals realigned its jurisprudence to comport with the U.S. Supreme Court …
Article • May 15, 2011
Dismissal for Failure to Exhaust Reversed by On October 21, 2009, the Court of Appeals of Tennessee vacated a trial court’s dismissal of a prisoner’s suit for failure to exhaust administrative remedies. Gregory Potter sought 42 U.S.C. §1983 relief for an access to courts violation. Potter did not name the …
Article • May 15, 2011
PLRA Does Not Preempt State Exhaustion Statutes by Brandon Sample By: Brandon Sample The Prison Litigation Reform Act (PLRA) exhaustion of administrative remedies requirements do not preempt Tennessee’s more generous exhaustion statute, The Court of Appeals of Tennessee decided February 11, 2002. PLRA requires prisoners to properly exhaust their administrative …
Article • May 15, 2011
Tenth Circuit: Grievance Restrictions Don't Excuse Failure to Exhaust by On June 23, 2010, the Tenth Circuit court of appeals held that the fact that a prisoner was placed on grievance restriction did not excuse his failure to exhaust administrative remedies when he failed to avail himself of the restricted …
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