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Second Circuit Revives N.Y. Prisoner’s Suit Over Sing Sing Fire, 11 Other Prisoners Split $220,000 Settlement by On July 17, 2023, the U.S. Court of Appeals for the Second Circuit reversed a lower court’s dismissal of a prisoner’s suit filed in connection with the fire at Sing Sing Correctional Facility …
Florida Prisoners Not Required to File Rulemaking Petition to Satisfy PLRA Exhaustion Requirement by David Reutter by David M. Reutter On July 31, 2023, the U.S. Court of Appeals for the Eleventh Circuit rejected an argument by the Florida Department of Corrections (DOC) that a state prisoner’s suit should be …
Article • August 15, 2023 • from PLN August, 2023
Fourth Circuit: Federal Prisoner in North Carolina Making Rehabilitation Act Claim Must Exhaust Both BOP Grievance Process and Justice Department’s EEO Complaint Process by David Reutter by David M. Reutter On March 29, 2023, the U.S. Court of Appeals for the Fourth Circuit raised the high bar a prisoner must …
Seventh Circuit Allows Illinois Prisoner to Prove Administrative Remedy Was “Unavailable” in Double-Celling Complaint by David Reutter by David M. Reutter On December 14, 2022, the U.S. Court of Appeals for the Seventh Circuit took up the latest in a “slew” of cases by Illinois prisoners alleging they are “housed …
Article • May 1, 2023 • from PLN May, 2023
Ninth Circuit: Grievance Policy May Excuse Oregon Prisoner’s Failure to Exhaust Administrative Remedies by Jacob Barrett by Jacob Barrett On October 12, 2022, the U.S. Court of Appeals for the Ninth Circuit vacated dismissal of an Oregon prisoner’s civil rights claims for failure to exhaust administrative remedies available in the …
Article • April 1, 2023 • from PLN April, 2023
New Mexico Supreme Court Rules Both Prisoners and Nonprofit Plaintiffs Subject to Requirement to Exhaust Administrative Remedies by Jacob Barrett by Jacob Barrett On August 25, 2022, the New Mexico Supreme Court affirmed dismissal of a challenge to the state’s mismanagement of the COVID-19 pandemic in New Mexico prisons. Though …
Sixth Circuit Says Ohio Prisoner’s Lack of Tablet Access May Have Prevented Grievance Exhaustion by David Reutter by David M. Reutter Technology giveth and technology taketh away – even in prison. That was the conclusion of the U.S. Court of Appeals for the Sixth Circuit on October 26, 2022, when …
Article • January 1, 2023 • from PLN January, 2023
Second Circuit: N.Y. Detainee Didn’t Fail to Exhaust Administrative Remedies When Jail Grievance Procedure Excluded Matter Forming Basis of Claim by Matthew Clarke by Matt Clarke On June 8, 2022, the U.S. Court of Appeals for the Second Circuit reinstated a New York jail detainee’s claim, saying he couldn’t be …
Article • November 30, 2022 • from PLN December, 2022
Ninth Circuit: New Suit Not Required After Curing Failure to Exhaust Administrative Remedies by David Reutter by David M. Reutter On May 23, 2022, the U.S. Court of Appeals for the Ninth Circuit held that a prisoner whose complaint was dismissed for failure to exhaust administrative remedies need not file …
Article • February 1, 2022 • from PLN February, 2022
‘Disconnect’ Between Illinois Prisoner’s Grievance and Complaint Results In Failure to Exhaust by Jacob Barrett Seventh Circuit Also Rules Internal Investigation Does Not Toll Exhaustion by Jacob Barrett A June 16, 2021, ruling by the U.S. Court of Appeals for the Seventh Circuit highlights the importance for prisoners who file …
Article • February 1, 2021 • from PLN February, 2021
Ninth Circuit Finds California Prisoner’s Administrative Remedies Effectively Unavailable by Mark Wilson by Mark Wilson On July 16, 2020, the United States Court of Appeals for the Ninth Circuit reversed a lower court’s dismissal of a former California pretrial detainee’s suit for non-exhaustion. Joshua Franklin Snyder was a pretrial detainee …
Former Pennsylvania Prisoner’s Complaint Cures Failure to Exhaust Administrative Remedies by David Reutter by David M. Reutter The Third Circuit Court of Appeals held that a former Pennsylvania prisoner’s civil rights action was not barred for failing to exhaust administrative remedies. The court found the prison’s grievance policy for a …
Article • November 1, 2020 • from PLN November, 2020
Seventh Circuit Dismisses Summary Judgment for Defendants in Illinois Prisoner’s Lawsuit Over Beating, Choking by David Reutter by David M. Reutter "The Federal Reporter is replete with examples of prisoners losing cases because they missed litigation deadlines and courts extended little forgiveness,” the Seventh Circuit Court of Appeals wrote on …
Amble, et al. v. Spangler, et al., TN, class-action complaint, abolishment of in-person visitation, exercise opportunities, law library access, inadequate mental health treatment, etc., 2018 Case 3:18-cv-00538-TAV-DCP Document 1 Filed 12/23/18 Page 1 of 35 PageID #: 1 Case 3:18-cv-00538-TAV-DCP Document 1 Filed 12/23/18 Page 2 of 35 PageID #: …
Article • March 6, 2018 • from PLN March, 2018
Fourth Circuit Vacates Sua Sponte Dismissal Due to Non-exhaustion by The Fourth Circuit Court of Appeals has vacated a district court’s sua sponte dismissal of a prisoner’s lawsuit for failure to exhaust available administrative remedies. The Virginia Department of Corrections’ (VDOC) grievance procedure requires prisoners to first submit an informal …
Article • December 14, 2017
Ninth Circuit: Merits Decision Excuses Procedurally Flawed Exhaustion by Mark Wilson by Mark Wilson The United States Court of Appeals for the Ninth Circuit held that a prisoner who fails to comply with prison grievance procedural requirements nevertheless exhausts administrative remedies if prison officials deny the grievances on the merits. …
Article • December 5, 2017 • from PLN December, 2017
Seventh Circuit: District Court Erred in Dismissing Prisoner’s § 1983 Suit for Failure to Exhaust by Lonnie Burton by Lonnie Burton The Court of Appeals for the Seventh Circuit has reversed a district court’s order dismissing a Wisconsin state prisoner’s 42 U.S.C. § 1983 lawsuit on the grounds that he …
Fifth Circuit: Staff Misleading Prisoner about Grievance Process Excuses Failure to Exhaust by Matthew Clarke On August 17, 2015, the Fifth Circuit Court of Appeals held that a Texas prisoner’s failure to fully exhaust administrative remedies was excused because jail staff had misled him about grievance procedures. Grady Allen Davis …
The Private Prison Primer: Stolen shoes and the Kingman riots by By Beryl Lipton, MuckRock Part 1 - Taking a look inside the black hole of prisoner grievances, and the lessons learned too late During the years it was operated by the private Management and Training Corporation, the “property” grievance was …
Article • February 8, 2017 • from PLN February, 2017
Prisoners Not Required to Take Unspecified Steps to Exhaust Administrative Remedies by On February 25, 2016, the Sixth Circuit Court of Appeals concluded a prisoner’s suit had been improperly dismissed when he “failed to do something not specified, outlined, or required by his prison’s grievance procedure.” Before the Court was …
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