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Article • August 1, 2025 • from PLN August, 2025
SCOTUS Partially Overturns Pavey, Holds PLRA Exhaustion Dispute Must Go to Jury Even If Intertwined with Merits of Michigan Prisoner’s Claim by Chuck Sharman Since the passage almost 30 years ago of the Prison Litigation Reform Act (PLRA), 42 U.S.C. § 1997e, prisoners have been required prior to filing suit against …
Ninth Circuit: Continuing-Violations Doctrine Applies for PLRA Administrative Exhaustion Purposes by David Reutter On December 31, 2024, the U.S. Court of Appeals for the Ninth Circuit held that a prisoner “need not file repeated grievances if the (prisoner) has identified one continuing harm or a single course of conduct [of] …
Ninth Circuit Revives Prisoner’s Claim Based on Guard’s Thwarting of Administrative Remedies by David Reutter The U.S. Court of Appeals for the Ninth Circuit reversed the dismissal of a prisoner’s civil rights action for the failure to exhaust administrative remedies. The Court found the prisoner was “reliably informed” by a …
Sixth Circuit: Michigan Tolling Statute Applies to PLRA Administrative Exhaustion Requirement by David Reutter On January 29, 2025, the U.S. Court of Appeals for the Sixth Circuit held that Michigan’s “tolling provision” does not affect the administrative remedy exhaustion requirement in the Prison Litigation Reform Act (PLRA), 42 U.S.C. § 1997e. …
Article • June 1, 2025 • from PLN June, 2025
Eighth Circuit Excuses Missouri Prisoner’s Failure to Exhaust Remedies While He Was In a Coma by Douglas Ankney On November 15, 2024, the U.S. Court of Appeals for the Eighth Circuit reinstated a deliberate indifference claim lodged by Missouri prisoner Tremonti Perry, whose alleged medical neglect left him in a …
Study Finds Just 1% of Prisoner’s Eighth Amendment Claims Succeed by In a report published on December 19, 2024, Business Insider found just 1% of prisoners succeeded in claims against prison officials for violating the Eighth Amendment ban on “cruel and unusual” punishment. To arrive at that figure, researchers combed …
Article • April 1, 2025 • from PLN April, 2025
Tenth Circuit Stretches PLRA to Deny Claim of Colorado Prisoner Shot by Guard While Shackled by Douglas Ankney by Douglas Ankney In a maddening decision issued on July 16, 2024, the United States Court of Appeals for the Tenth Circuit managed to dismiss the excessive-force claim of a Colorado prisoner …
Article • April 1, 2025 • from PLN April, 2025
Fourth Circuit Excuses Maryland Prisoner From Exhaustion Requirement in PREA Claim by Douglas Ankney by Douglas Ankney In what was otherwise a disappointing ruling for a Maryland prisoner, the United States Court of Appeals for the Fourth Circuit held on June 14, 2024, that a prisoner need not exhaust administrative …
Article • April 1, 2025 • from PLN April, 2025
D.C. Circuit Reverses Dismissal of Federal Prisoner’s Complaint Due to PLRA Three-Strikes Rule by In a ruling on October 18, 2024, the United States Court of Appeals for the District of Columbia Circuit revived a case filed by federal prisoner Michael S. Owlfeather-Gorbey. A “prolific litigator” housed at the U.S. …
Article • October 15, 2024 • from PLN October, 2024
Sixth Circuit Sets Up Circuit Split with Ruling on Michigan Prisoner’s PLRA Exhaustion Dispute by Before a prisoner can sue under 42 U.S.C. § 1983, he must exhaust any administrative remedies available to him; that is the threshold requirement of the Prison Litigation Reform Act (PLRA), 42 U.S.C. § 1997e. Not infrequently, …
Washington Court of Appeals: PLRA Dismissal of Prisoner’s Federal Suit Is Not Res Judicata Barring State Tort Claims by On March 19, 2024, the Court of Appeals of Washington, Division II, held that a state prisoner’s tort claims are not barred in state court even if federal claims arising from …
Fifth Circuit: Texas Prisoner’s Declaration Alone Sufficient to Send PLRA Exhaustion Dispute to Trial by On January 31, 2024, the U.S. Court of Appeals for the Fifth Circuit held that a Texas prisoner’s uncorroborated declaration outlining steps he took to exhaust administrative remedies through the state Department of Criminal Justice …
Illinois Prisoner Awarded Over $822,000 For Hernia Care Denied by Wexford Health by Douglas Ankney by Douglas Ankney   On April 2, 2024, the U.S. District Court for the Southern District of Illinois denied relief to Wexford Health Sources, Inc., the private healthcare contractor for the state Department of Corrections …
Article • May 1, 2024 • from PLN May, 2024
Ninth Circuit Refunds Filing Fee to “Struck-Out” California Prisoner Denied Indigent Status Under PLRA by Matthew Clarke by Matt Clarke On October 11, 2023, the U.S. Court of Appeals for the Ninth Circuit determined it was illegal to collect court filing fees from a prisoner denied indigent status to proceed …
“Third Time Is Not the Charm” For Texas Jailers Barred by PLRA from Enforcing Prior Settlement Agreement Against Prisoner in New Suit by Matthew Clarke by Matt Clarke On January 12, 2024, the federal court for the Western District of Texas refused a motion by Williamson County Correctional Facility (WCCF) …
Article • April 1, 2024 • from PLN April, 2024
Eleventh Circuit Calls Georgia Prisoner’s Dismissed Suit Outside PLRA “Strike Zone” by by David M. Reutter In an en banc ruling on February 1, 2023, the full U.S. Court of Appeals for the Eleventh Circuit held that a Georgia prisoner’s case dismissed for failure to exhaust administrative remedies might amount …
Finding Indiana Grievance Process “Unavailable,” Federal Judge Grants Summary Judgment to 22 Prisoners on Same Day by In a remarkable series of rulings on August 15, 2023, U.S. District Court Judge Robert L. Miller, Jr. granted summary judgment in favor of 22 Indiana state prisoners who had filed separate lawsuits …
Muslim Florida Prisoner Awarded Permanent Injunction to Grow Untrimmed Beard by David Reutter by David M. Reutter On August 14, 2023, the U.S. District Court for the Middle District of Florida awarded a permanent injunction to state prisoner Owen D. Denson, a Muslim known as Abdul Hakeen Jahmal Naseer Shabazz, …
Sixth Circuit Revives Suit by Pregnant Mentally Ill Michigan Detainee Allegedly Kicked in Her Womb by Jail Guard, Losing Baby by On July 17, 2023, the U.S. Court of Appeals for the Sixth Circuit deemed testimony by a pregnant mentally ill detainee no less credible than that of her Michigan …
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 …
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