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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 ...
Article • December 29, 2016
Fourth Circuit Finds Internal Investigation Exception to PLRA’s Exhaustion Requirement by The Fourth Circuit Court of Appeals held a Maryland prisoner “reasonably believed that he had sufficiently exhausted [administrative] remedies by complying with an internal investigation” conducted by prison officials on his claims. Before the court was the appeal of ...
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 ...
Ninth Circuit Adopts Test to Excuse Exhaustion of Administration Remedies for Retaliatory Threats by The Ninth Circuit Court of Appeals joined other circuits in holding that a prisoner’s fear of retaliation may be sufficient to render the grievance procedure unavailable. The Court adopted a test that requires both a subjective ...
Michigan PLRA Requires Dismissal for Failure to Make Initial disclosure Statements; Prisons not a Public Service by A Michigan Court of Appeals held the state’s Prison Litigation Reform Act (PLRA) requires dismissal of a lawsuit when a prisoner-plaintiff fails to “disclose the number of civil actions and appeals that the ...
Kress et al v. CCA, IN, Order, PLRA Administrative Exhaustion, 2010 Case 1:08-cv-00431-LJM-DML Document 85 Filed 07/02/10 Page 1 of 14 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION ALAN KRESS, BILLY FORD, ERIC STAGGS, TIMOTHY-PATRICK TREACY, RANDY CARR, on their own behalf and on behalf of a ...
Brief • July 14, 2016
Jones v. Bock, US, Amicus Brief - PLN, PLRA Admin Remedies and Total Exhaustion Rule, 2005 i No. 05-7058 IN THE Supreme Court of the United States LORENZO L. JONES, Petitioner, v. BARBARA BOCK ET AL., Respondents. On Petition For A Writ Of Certiorari To The United States Court Of ...
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 ...
Disputed PLRA Administrative Exhaustion Issues Properly Resolved in Bench Trial by The Sixth Circuit Court of Appeals held on June 18, 2015 that disputed issues of fact regarding exhaustion under the PLRA may be resolved in a bench trial. The appellate court also found the plaintiff had failed to exhaust ...
Publication • March 8, 2016
Second Circuit PLRA Exhaustion Crib Sheet, Legal Aid Society, 2008 The Second Circuit PLRA Exhaustion Crib Sheet John Boston The Legal Aid Society Prisoners’ Rights Project Updated September 2, 2008 for Second Circuit Staff Attorneys’ Training This outline sets out the Second Circuit’s rules, with some supplementation from lower courts, ...
Grievance Guide for Disability Issues in Federal Prisons, Washington Lawyer's Committee, 2013 A PRISONER’S GUIDE TO THE EXHAUSTING THE ADMINISTRATIVE REMEDY PROCESS FOR DISABILITY ISSUES IN FEDERAL PRISONS This guide has been created by the D.C. Prisoners Project of the Washington Lawyers' Committee for Civil Rights and Urban Affairs. It ...
Publication • February 8, 2016
Guide to Grievance Procedure at Federal Prisons, Washington Lawyer's Committee, 2013 A PRISONER’S GUIDE TO ADMINISTRATIVE REMEDY REQUESTS AT FEDERAL PRISONS This Guide has been created by the D.C. Prisoners’ Project of the Washington Lawyers' Committee for Civil Rights and Urban Affairs. It was last updated in June 2013. It ...
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 ...
Three Strikes Litigant Required to Show Ongoing “Imminent Danger” to Proceed on Appeal by Lonnie Burton Three Strikes Litigant Required to Show Ongoing “Imminent Danger” to Proceed on Appeal by Lonnie Burton On January 7, 2015, the Ninth Circuit Court of Appeals held that a pro se prisoner litigant who ...
Article • July 2, 2015
Seventh Circuit Dismisses Prisoner’s Suit as Sanction for Perjury by Seventh Circuit Dismisses Prisoner’s Suit as Sanction for Perjury The U.S. Court of Appeals for the Seventh Circuit, affirming a trial court’s dismissal of a prisoner’s suit, has sanctioned him for his history of dishonesty in litigation. Natanael Rivera filed ...
Article • June 3, 2015 • from PLN June, 2015
Fifth Circuit Holds Texas Prisoner has Right to Free Kosher Meals by Matthew Clarke Fifth Circuit Holds Texas Prisoner has Right to Free Kosher Meals by Matt Clarke On December 21, 2012, in a lawsuit that still remains pending, the Fifth Circuit Court of Appeals held that a Jewish prisoner ...
Article • May 24, 2015
Texas Prisoner’s ADA and Deliberate Indifference Claims Survive Summary Judgment, Qualified Immunity by Texas Prisoner’s ADA and Deliberate Indifference Claims Survive Summary Judgment, Qualified Immunity The U.S. District Court for the Southern District of Texas has held in a Texas prisoner’s suit that one of two prison doctors was not ...
Article • May 24, 2015
Parole Hearings Are "Prison Conditions" Subject to Exhaustion by Parole Hearings Are "Prison Conditions" Subject to Exhaustion The U.S. District Court for the Eighth Circuit has held that challenges to parole hearings implicate "prison conditions" and thus are subject to the administrative exhaustion requirements of the Prison Litigation Reform Act ...
An Expanding Strike Zone (Coleman-Bey PLRA Report), Alliance for Justice, 2015 An Expanding Strike Zone: Coleman-Bey and the Future of Civil Protections for Prison Inmates For years, Alliance for Justice has warned of the conservative-led campaign to restrict access to justice.1 From forced arbitration, to restricting medical malpractice claims, to ...
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