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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 ...
Kentucky Prisoners Entitled to Review of Audio Recordings at Disciplinary Hearing by A Kentucky Court of Appeals held on February 26, 2016 that prisoners have a due process right to request the review of audio recordings at a prison disciplinary hearing. Proceeding pro se, Kentucky state prisoner Sammy F. Mobley, ...
Merits Ruling on Procedurally Flawed Grievance Satisfies PLRA by The Eleventh Circuit Court of Appeals has held that district courts may not enforce a prison’s procedural rule to find a failure to exhaust administrative remedies after prison officials declined to enforce the rule themselves. The Court also found the district ...
Ninth Circuit Declines to Enforce Procedural Bar When Prison Officials Waive Rule by In a January 12, 2016 decision, the Ninth Circuit Court of Appeals held that a prisoner successfully exhausts “such administrative remedies as are available” under the Prison Litigation Reform Act (PLRA) “despite failing to comply with a ...
8th Circuit: "Favorable Termination" Rule Applies Even if Plaintiff No Longer Incarcerated by Lonnie Burton In Heck v. Humphrey, 512 U.S. 477 (1994), the Supreme Court ruled that a prisoner could not bring a suit for damages for an unconstitutional conviction or imprisonment, unless and until the underlying conviction has ...
Article • August 22, 2016
Dismissal of Prisoner 1983 for “Failure to Exhaust Administrative Remedies” Denied by Derek Gilna Trevor Griffith, a prisoner in the New York Department of Correctional Services (DOCS), had filed a 42 U.S.C.A. Section 1983 Civil Rights case against the DOCS alleging mistreatment while he was in the Special Housing Unit ...
Article • August 2, 2016 • from PLN August, 2016
Seventh Circuit Reverses Denial of Prisoner’s Claim for Failure to Detach Portion of Administrative Form by Derek Gilna Charles Donelson was a prisoner in the custody of the Illinois Department of Corrections (IDOC) when he was charged with disciplinary infractions for two incidents involving the same guard. Donelson denied that ...
Second Circuit Reverses Dismissal of Bivens Suit Due to Continuing Violation Doctrine by Derek Gilna Esteban Gonzalez, while incarcerated at the Metropolitan Correctional Center (MCC) in Manhattan and the Metropolitan Detention Center (MDC) in Brooklyn, was confined to the Special Housing Unit (SHU) for stabbing another prisoner “with a knife-like ...
U.S. Supreme Court: Prisoners Must Exhaust “Available” Administrative Remedies by Derek Gilna Shaidon Blake, a Maryland prisoner, claimed that he was punched in the face and had his head slammed into a wall by guard James Madigan while handcuffed during a move to a segregation cell – an assault that ...
Article • November 6, 2015
State's Motion to Dismiss Lawsuit for Failure to Exhaust Administrative Remedies Denied by State's Motion to Dismiss Lawsuit for Failure to Exhaust Administrative Remedies Denied The U.S. District Court for the Southern District of New York denied a motion by the state to dismiss a prisoner's lawsuit on the grounds ...
Article • April 9, 2015 • from PLN April, 2015
Unexhausted Oregon Parole Claims Not Cognizable by Mark Wilson Unexhausted Oregon Parole Claims Not Cognizable by Mark Wilson On March 19, 2014, the Oregon Court of Appeals held that a pro se prisoner’s parole decision claims were not cognizable on appeal because he failed to raise those issues in his ...
Article • January 10, 2015 • from PLN January, 2015
Fifth Circuit Holds Prison Officials Need Not be Named in Grievances by Matthew Clarke Fifth Circuit Holds Prison Officials Need Not be Named in Grievances by Matt Clarke On November 15, 2013, in an unpublished decision, the Fifth Circuit Court of Appeals reversed the summary dismissal of a Texas prisoner’s ...
Article • October 10, 2014 • from PLN October, 2014
California Exhaustion Requirement Extends to Independent Contractors by Mark Wilson California Exhaustion Requirement Extends to Independent Contractors by Mark Wilson On December 6, 2013, the California Court of Appeal, Third Appellate District, held that prisoners must exhaust administrative remedies before suing independent contractors employed by the prison system. California prisoner ...
Failure to Exhaust Administrative Remedies Dooms 7th Circuit Prisoner Suit by Derek Gilna Failure to Exhaust Administrative Remedies Dooms 7th Circuit Prisoner Suit   By Derek Gilna   The §1983 civil rights complaint filed by Wisconsin state prisoner, James R. Schultz, has been dismissed by the 7th Circuit Court of ...
McCollum v. Livingston, TX, Brief Supporting Mtn. for Sanctions, Heat Stroke Death, 2014 Case 3:12-cv-02037-L Document 187 Filed 06/05/14 Page 1 of 19 PageID 3095 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS DALLAS DIVISION STEPHEN McCOLLUM, and SANDRA McCOLLUM, individually, and STEPHANIE KINGREY, individually and as independent administrator of ...
IFRP Payment Schedule May Not be Delegated to BOP by Sentencing Judge by Derek Gilna The U.S. Court of Appeals for the Ninth Circuit has held that “where the sentencing court has failed to consider whether the defendant has the financial resources to pay restitution immediately, ordering immediate payment impermissibly ...
Ninth Circuit Requires Notice to Pro Se Prisoner Litigants for Motions to Dismiss for Failure to Exhaust by The Ninth Circuit Court of Appeals held on September 19, 2012 that district courts must give pro se prisoners notice of their rights and duties when responding to a motion to dismiss ...
Article • August 15, 2013
FOIA: Administrative Appeal Remedies Deemed Exhausted when Agency Fails to Timely Determine Scope of its Intended Response by In April, 2013, the D.C. Circuit clarified the circumstances under which an agency response to a request for records under the Freedom of Information Act (FOIA) is (in)sufficient to trigger the requirement ...
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