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Exhaustion Required
Loaded on July 15, 1999
published in Prison Legal News
July, 1999, page 10
A federal district court in New York held that a New York state prisoner was required to exhaust the prison grievance system before filing suit. The court held that exhaustion under 42 U.S.C. § 1997e(a) is required even if the grievance process is futile. The case involved a claim that ...
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More from this issue:
- Strip Mining Human Rights in Virginia's Supermax Dungeons, by Dan Pens
- Florida Guards Acquitted in Brutality Case, by Alex Friedmann
- The Mentally Disordered Inmate and the Law, by Fred Cohen (Book Review), by Paul Wright
- From the Editor, by Dan Pens
- Behind Bars in Brazil (Review of Human Rights Watch Report), by Julia Lutsky
- Human Feces in California Prison's Water, by Willie Wisely
- Iowa to Close Prison Law Libraries
- South Korea Frees Political Prisoner after 41 Years
- Ohio Prisons Cited by EPA, by Dan Cahill
- Missouri Ends Ad Seg Ban on Publications
- Detainee Beaten to Death at Nassau County Jail, by Alex Friedmann
- Wisconsin Prisoners Stage Food Protest
- Exhaustion Required
- PLRA Physical Injury and Administrative Exhaustion Requirements Not Retroactive
- Illinois Exhaustion Described
- Federal Habeas Not Subject to PLRA
- PLRA Doesn't Affect Court Contempt Powers
- PLRA Physical Injury Requirement Not Retroactive
- Guard Guilty of Penis Stomping
- Florida Prison Erupts
- Washington Gift Subscription Ban Injunction Affirmed
- $660,000 Awarded in Post-Sandin Segregation Suit
- Private Prison Guard Is State Actor for § 1983 Purposes
- VitaPro President Arrested
- Liberty Interest in Parole-Required Custody Classification
- Withholding Dental Care Violates Eighth Amendment, by Ronald Young
- No Interlocutory Appeal on Supervisory Liability When Guard Stabs Prisoner
- Denial of HIV Medication Subjects Medical Contractor to Liability
- Kansas Good Time Forfeiture Violates Ex Post Facto
- Arizona Prisoners Can Pay Filing Fee in Installments
- Infraction Inadmissable at Criminal Trial
- BOP Erred in Running State Sentence Consecutive to Federal Sentence
- Washington Restitution Order Expired Ten Years After Release
- Adequate Opportunity for Discovery Required
- Texas Courts Must Hold Hearing Before Dismissing Suit for Having No Arguable Basis in Fact
- No Suspicion Required for California Parolee Searches
- IDEA Confers Right to Education Even in SHU
- $130,000 in Damages and Fees Awarded in New York Retaliation Suit
- Qualified Immunity in Transsexual Treatment Case
- New York Work Release Suit Dismissed
- Edwards No Bar to Seg Suit
- Washington EFV Cut-Off Date Questioned
- News in Brief
- Retaliation Suit States Claim
- FRAP 24 Good Faith Standard Not High
- 376 Days in New York Seg "Atypical and Significant" Hardship
More from these topics:
- SCOTUS Partially Overturns Pavey, Holds PLRA Exhaustion Dispute Must Go to Jury Even If Intertwined with Merits of Michigan Prisoner’s Claim, Aug. 1, 2025. Administrative Exhaustion (PLRA).
- Ninth Circuit: Continuing-Violations Doctrine Applies for PLRA Administrative Exhaustion Purposes, Aug. 1, 2025. Failure to Protect (General), Administrative Exhaustion (PLRA), Grievances, Prison Litigation Reform Act (PLRA).
- Ninth Circuit Revives Prisoner’s Claim Based on Guard’s Thwarting of Administrative Remedies, Aug. 1, 2025. Retaliation for Filing Grievances, Administrative Exhaustion (PLRA), Grievances.
- The Flawed Science of Cannabis Impairment Detection: The Need for Evidence-Based Reform, Aug. 1, 2025. Drug Testing, War on Drugs, Marijuana Laws/Issues, Drug Laws/Offenses.
- Sixth Circuit: Michigan Tolling Statute Applies to PLRA Administrative Exhaustion Requirement, July 15, 2025. Retaliation for Litigating, Administrative Exhaustion (PLRA), Tolling of Statutes of Limitations and Laches.
- Eighth Circuit Excuses Missouri Prisoner’s Failure to Exhaust Remedies While He Was In a Coma, June 1, 2025. Systemic Medical Neglect, Administrative Exhaustion (PLRA).
- Rash of 5,000 False-Positive Prisoner Drug Tests Going to California Parole Board Anyway, June 1, 2025. Drug Testing, Probation, Parole & Supervised Release.
- Study Finds Just 1% of Prisoner’s Eighth Amendment Claims Succeed, May 1, 2025. Retaliation for Filing Grievances, Systemic Medical Neglect, Eighth Amendment, Administrative Exhaustion (PLRA), Cruel and Unusual Punishment.
- Ninth Circuit Grants Stay and Abeyance of Federal Habeas Petition to Allow Petitioner to Exhaust State Remedies, April 15, 2025. Administrative Exhaustion (PLRA), Habeas Corpus, AEDPA, Amendments to Petition.
- Tenth Circuit Stretches PLRA to Deny Claim of Colorado Prisoner Shot by Guard While Shackled, April 1, 2025. Administrative Exhaustion (PLRA), Shootings.