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Article • October 15, 1997 • from PLN October, 1997
California Limits Prison Appeals by Willie Wisely Continuing the agenda of the prison guards union, the California Department of Corrections issued a notice of changes to prison administrative regulations governing appeals of conditions of confinement by prisoners. The changes include doubling the time limits prison staff have to respond to …
Iowa Grievance Retaliation Suit Set for Trial by A federal district court in Iowa held that an Iowa DOC practice of punishing prisoners who filed grievances may violate the first amendment. The court also held that a higher standard of proof than the "some evidence" standard, was required before prisoners …
Administrative Exhaustion Required for Disc. Habeas by The court of appeals for the third circuit held that federal prisoners who challenge disciplinary hearings via habeas corpus must first exhaust their administrative remedies within the Bureau of Prisons (BOP) and failure to do so will result in procedural default. Phillip Moscato, …
Grievance Retaliation Unconstitutional by The court of appeals for the second circuit reaffirmed that prison officials violate the constitution when they retaliate against prisoners who file administrative grievances. The court discussed the standard of review in prison retaliation cases. Patrick Graham is a New York state prisoner. After prison grievance …
No Administrative Exhaustion Requirement in 7th Circuit by The court of appeals for the seventh circuit held that prisoners seeking money damages need not exhaust administrative remedies prior to filing suit. The court also held a district court erred when it dismissed a complaint filed in forma pauperis solely because …
Article • December 15, 1996 • from PLN December, 1996
CRIPA Stays Not Appealable by The court of appeals for the ninth circuit held that district court orders which stay proceedings for a limited time to require exhaustion of prison administrative remedies pursuant to the Civil Rights of Institutional Persons Act (CRIPA), 42 U.S.C. § 1997e are not appealable. Two …
Grievance Discipline Struck Down by The court of appeals for the ninth circuit affirmed a lower court ruling that found Oregon DOC rules that punished prisoners for using hostile, sexual, abusive or threatening language in their written grievances to be unconstitutional. Jeff Bradley, an Oregon state prisoner, was infracted for …
Grievance Retaliation Unlawful by A federal district court in Michigan has held that it is unlawful for prison officials to retaliate against prisoners who complain of misconduct by guards and for prison officials to read legal mail sent to prisoners from the courts. Those claims were set for trial and …
Fifth Circuit to Require Administrative Exhaustion by In two separate rulings the fifth circuit affirmed dismissal of prisoners' section 1983 suits for failure to exhaust administrative remedies (i.e. the prison grievance procedure). In doing so, the court significantly expanded previous supreme court rulings that had held such exhaustion could only …
Texas Anti-Litigation Law by Dan Pens In its 1995 session, the Texas legislature passed a bill that amends and modifies Subchapter B, Chapter 15 of the Civil Practice and Remedies Code, purportedly to combat "frivolous or malicious litigation filed by inmates." By now PLN readers should be familiar with this …
BOP Prisoners Must Exhaust Administrative Remedies by PLN recently reported the U.S. Supreme Court decision in McCarthy v. Madigan , 503 US ___, 112 S.Ct. 1081 (1992), which held that federal prisoners did not have to exhaust administrative remedies (the grievance system) prior to filing suit in federal court. In …
Article • June 15, 1995 • from PLN June, 1995
Grievance Policy Modified by In response to recent legislation the Justice Department has issued an interim rule that modifies regulations relating to state prisoner grievance procedures, encoded in Part 40 of 28 CFR. Under the Civil Rights of Institutionalized Persons Act, 42 U.S. C. § 1997(e), a prisoner who has …
Retaliatory Infraction Illegal by Donald Dixon is a Missouri state prisoner. He filed suit under 42 U.S. C. § 1983 after a prison guard filed a retaliatory disciplinary charge against him after he filed a grievance. The district court granted summary judgment in favor of the guard because the disciplinary …
Retaliation for Grievances Illegal by Gary Hines is a California state prisoner. Hines filed suit claiming that prison guards had broken his television set in retaliation for administrative grievances he had filed against them. After filing a grievance against the guards who allegedly broke his television, another guard infracted him …
Failure to Treat Teeth States Claim by Mark Kinney is a Missouri state prisoner. Kinney went to the prison dentist, Dr. Kalfus, for removal of a tooth that was chipped and decayed, to have a cavity filled and for treatment of gum disease. Kalfus pulled the wrong tooth and acknowledged …
Article • October 15, 1994 • from PLN October, 1994
Federal Public Defenders Govt. Employees for FTCA by Joseph Sullivan is a federal prisoner who filed suit against the two federal public defenders who represented him in a parole revocation proceeding. Sullivan initially filed suit in federal court under the court's diversity jurisdiction. In a previous decision the seventh circuit …
Article • July 15, 1994 • from PLN July, 1994
Administrative Exhaustion May Be Required by Leopold Pedraza is a Texas state prisoner. He filed suit under § 1983 claiming prison officials harassed him because of his race, national origin and prior litigation. At no time did Pedraza file grievances or complaints with prison officials concerning his allegations. A magistrate …
WA Prisoners Must Exhaust State Remedies by John Dewyer is a Washington state prisoner. He is serving a determinate, SRA sentence. At a prison disciplinary hearing he was found guilty of an unspecified offense and sanctioned by 15 days of segregation and 30 days loss of good time, the latter …
Stay of Suit Not Appealable by Oscar Bean is a Missouri state prisoner. He filed suit claiming he was denied due process at a disciplinary hearing accusing him of assault. He sought declaratory relief, damages and attorneys fees. The district court granted the defendants' motion to stay Bean's suit for …
Jail Sued Under ADA by In 1990 Congress passed the Americans with Disabilities Act (ADA), 42 U.S.C. § 12131-12134, which prohibits discrimination against the disabled by public services. Readers will note that this law applies to prisons and jails who can be sued for failing to provide disabled prisoners with …
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