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Failure to Name Defendant in Administrative Appeal Does Not Foreclose Including Him in § 1983 Complaint by The Third Circuit U.S. Court of Appeals ruled that when a defendant in a prisoner’s 42 U.S.C. § 1983 civil rights complaint had participated in the administrative grievance process, but had not been …
“Special Circumstances” Justify Non-Exhaustion in Second Circuit by The Second Circuit Court of Appeals has excused a New York prisoner’s failure to exhaust available administrative remedies under the Prison Litigation Reform Act (PLRA). The court found that prison officials’ erroneous refusal to investigate a claim, and frustration of administrative review …
Article • August 15, 2008
Challenge to BOP Writer Byline Rule “As Applied” Dismissed by A Colorado Federal District Court has refused to reinstate “as applied claims” in a lawsuit challenging the Bureau of Prisons (BOP) byline/reported prohibition or dismiss the remaining racial claim to 28 C.F.R. §540.20(h). In response to that lawsuit, BOP altered …
Article • August 15, 2008
BOP Suit Dismissed for Non Exhaustion by A federal prisoner's damage claim is dismissed under Alexander v Hawk He failed to comply with a rule requiring that the BP-9 form be attached to the BP-10 form on appeal, even though given a second opportunity to comply with the rule At …
Article • August 15, 2008
Administrative Exhaustion Required in Suits for Damages by The PLRA exhaustion requirement extends to damage cases even when the administrative remedies don't provide damages The court resorts to the dictionary for definitions both of "available" and of "remedy"; the latter is defined as "to rectify," to "put right," or as …
Article • August 15, 2008
Denial of HIV Medications Claim Dismissed for Failure to Exhaust by The plaintiff complained of an interruption of his HIV medications at a county jail where he spent five days He did not utilize administrative remedies there At 1166: "An inmate must allege and show that he has exhausted all …
Claim Exhausted When Prison Rules in Favor of Prisoner by The plaintiff complained of improper discipline and retaliatory reclassification and transfer At 506: "The violation of a constitutionally protected right is a sufficient injury for purposes of standing." The defendants had argued that the plaintiff lacked standing because he didn't …
Beating Claims Must Be Exhausted by The PLRA exhaustion requirement applies to use of force claims The plain meaning of "prison conditions" encompasses such claims ("conditions" defined as "restricting, limiting, or modifying circumstances") However, some courts think there is an ambiguity, so the court looks to Congressional intent In § …
Article • August 15, 2008
IL Prisoner Refuses to Pursue Futile Grievance Procedure, Still Satisfies Exhaustion Requirement by Nedrick J. Hardy, an Illinois state prisoner, claimed he was denied medical attention for a broken hand for several months. He filed numerous grievances which prison staff ignored. After several months he filed suit in federal district …
Jury Must Determine Whether Prisoner’s Failure to Exhaust Administrative Remedies was Based on Threats / Retaliation by by David M. Reutter The Seventh Circuit Court of Appeals has held that when there are material facts in dispute about whether prison officials threatened or intimidated a prisoner into not exhausting administrative …
PLRA Applies to Immigration Detainee’s Conditions Suit by The plaintiff is an INS detainee. The court says that his failure to exhaust administrative remedies pursuant to the PLRA is sufficient reason to dismiss, contrary to other courts that have held immigration detainees not to be prisoners under the PLRA. The …
Article • August 15, 2008
Prison Doctor Lacks Standing to Challenge BOP Policy Denying Medical Care by The plaintiff complained of his treatment for a hernia and his prison doctor complained he was fired pursuant to a policy of providing inadequate care and in violation of his First Amendment rights. Prisoners seeking damages must exhaust …
Prison Beating Claim Subject to Exhaustion by Use of force claims are prison conditions claims for purposes of exhaustion. At 1365: The court treats exhaustion as jurisdictional, interpreting a line in Alexander v. Hawk for more than it probably is worth and ignoring all contrary case law. A statement from …
Article • August 15, 2008
9th Circuit Reverses Non-exhaustion Dismissal Due to Unavailable Forms by The Ninth Circuit Court of Appeals reversed a district court’s dismissal under 28 U.S.C. § 1915A(b) of a Nevada prisoner’s § 1983 action for failure to exhaust administrative remedies. Citing Wyatt v. Terhune, 315 F3d 1108 (9th Cir. 2003), the …
Article • August 15, 2008
Statute of Limitations May Toll While Prisoner Exhausts Administrative Remedies by In 2003, William Howell, a state prisoner, sued jail guards in federal district court under 42 U.S.C. § 1983 for an incident that occurred over two years before he filed suit. Since the applicable statute of limitations was two …
Tenth Circuit Reverses Dismissal of Federal Prisoner's Medical Suit by The Tenth Circuit Court of Appeals reversed a lower court's dismissal of a federal prisoner's suit, finding that the prisoner had adequately exhausted his administrative remedies and stated a cognizable deliberate indifference claim. Former Japanese Red Army member Yu Kikumura …
Congress Must Act to Protect Young Detainees from Abuse by Marian Edelman by Marian Wright Edelman Posted May 19, 2008 In recent years, the Children's Defense Fund has received horrifying reports of the physical and sexual abuse of children and teens in juvenile correctional facilities. There are accounts of children …
No Exhaustion Required in Juvenile IDEA Suit for Damages by The court had previously held that plaintiff, confined by the California Youth Authority, had to exhaust concerning his placement in detention because it was grievable, but did not have to exhaust under the California Tort Claims Act It asked for …
Article • May 15, 2008
Court Dismisses NY Prisoner’s Failure to Protect Suit by Court Dismisses NY Prisoner's Failure to Protect Suit At 544: "Given the extensive amount of discussion already devoted to the question of the PLRA's administrative exhaustion requirement, reinvention of the wheel is unnecessary" The court buys exhaustion when the prisoner seeks …
Administrative Exhaustion Required in Alabama HIV/AIDS Class Action Suit by The plaintiffs sued on behalf of themselves and all present and future HIV-positive prisoners in the state prison system, complaining both of their segregation from the general prison population and their exclusion from most programming, and of inadequate medical care. …
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