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Administrative Exhaustion Requirements Not Retroactive
Loaded on July 15, 1997
published in Prison Legal News
July, 1997, page 10
The court of appeals for the sixth circuit held that 42 U.S.C. § 1997e(a), which requires prisoners to exhaust administrative remedies before filing suit in federal court do not apply to cases pending on April 24, 1996, when the PLRA was signed into law, creating the exhaustion requirement. This case ...
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More from this issue:
- Edwards v. Balisok: A Partial Victory for Prisoners, by David C Fathi
- Not All Things Considered
- From the Editor, by Dan Pens
- Ruchell Cinque Magee: Sole Survivor Still, by Mumia Abu-Jamal
- Trouble Coming Every Day; ADX-The First Year, by Ray Luc Levasseur
- Prisoners Roasted Alive
- Prison Pay Policy May Violate Court Access
- Administrative Exhaustion Requirements Not Retroactive
- Automatic Stay Provisions
- PLRA Filing Fees Not Applicable to Habeas
- Filing Fees Required in Civil Mandamus
- Consent Decree Termination
- Special Masters
- 6th Circuit Upholds PLRA IFP Provisions
- PLRA Doesn't Apply to Immigration Detainees
- Physical Injury Requirement Not Retroactive
- A Matter of Fact
- New York Smoking Suit Set for Trial
- Puerto Rican POW 'Graduated' from ADX Florence to USP Marion, by Daniel Burton-Rose
- Washington Prisoner Escapes from State's Most Secure Lockup
- Private Prison Disciplinary Action Subject to Colorado Court Review
- Judge Rules Texas Prisoner's Death a Result of Excessive Force
- Prisoners of Colonialism: The Struggle for Justice in Puerto Rico, by Daniel Burton-Rose
- In Defense of Mumia, by Daniel Burton-Rose
- Death Blossoms, by Mark Cook
- Suit Seeks to Expose BOP 'Suicide' Cover-up
- Jury Trial May Require Plaintiffs' Presence
- Hygiene and Retaliation Claims Require Trial
- Lucasville Uprising: $4.1 Million Settlement
- Plight of Undertrial Prisoners in India, by Sankar Sen
- News in Brief
- State Must Pay for Prisoner Witnesses
More from these topics:
- Sixth Circuit Sets Up Circuit Split with Ruling on Michigan Prisoner’s PLRA Exhaustion Dispute, Oct. 15, 2024. Administrative Exhaustion (PLRA), Prison Litigation Reform Act (PLRA).
- Washington Court of Appeals: PLRA Dismissal of Prisoner’s Federal Suit Is Not Res Judicata Barring State Tort Claims, Sept. 15, 2024. Administrative Exhaustion (PLRA), Res Judicata, Federal Tort Claims Act (FTCA).
- Fifth Circuit: Texas Prisoner’s Declaration Alone Sufficient to Send PLRA Exhaustion Dispute to Trial, July 1, 2024. Administrative Exhaustion (PLRA), Summary Judgment, Summary Judgment/Judgment N.O.V., Prison Litigation Reform Act (PLRA).
- “Third Time Is Not the Charm” For Texas Jailers Barred by PLRA from Enforcing Prior Settlement Agreement Against Prisoner in New Suit, May 1, 2024. Jail Specific, PLRA, Settlements, Attorney Calls, Civil Settlement - Effect of, Prison Litigation Reform Act (PLRA), Wiretaps/Wiretap Evidence.
- Eleventh Circuit Calls Georgia Prisoner’s Dismissed Suit Outside PLRA “Strike Zone”, April 1, 2024. Administrative Exhaustion (PLRA), Three Strike Litigants.
- Finding Indiana Grievance Process “Unavailable,” Federal Judge Grants Summary Judgment to 22 Prisoners on Same Day, April 1, 2024. PLRA, Administrative Exhaustion (PLRA), Prison Litigation Reform Act (PLRA).
- Muslim Florida Prisoner Awarded Permanent Injunction to Grow Untrimmed Beard, March 1, 2024. Administrative Exhaustion (PLRA), Injunctions, RLUIPA, Religious Land Use and Institutionalized Persons Act (RLUIPA), Right to Grow a Beard.
- Sixth Circuit Revives Suit by Pregnant Mentally Ill Michigan Detainee Allegedly Kicked in Her Womb by Jail Guard, Losing Baby, Feb. 1, 2024. Administrative Exhaustion (PLRA), Guard Brutality/Beatings, Excessive Force (Wrongful Death), Failure to Treat (Mental Illness).
- Second Circuit Revives N.Y. Prisoner’s Suit Over Sing Sing Fire, 11 Other Prisoners Split $220,000 Settlement, Jan. 1, 2024. Failure to Protect (General), Fire Hazards, Administrative Exhaustion (PLRA), Summary Judgment, Evidentiary Ruling, Administrative Exhaustion.
- Misadventures in Mail Censorship, Jan. 1, 2024. Administrative Exhaustion (PLRA), Grievances, Mail, Publications/Books, Mail Regulations, Due Process, Censorship, Prison Regulations.