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Administrative Exhaustion Doesn't Include Judicial Remedies
Loaded on March 15, 1999
published in Prison Legal News
March, 1999, page 12
The court of appeals for the Third circuit held that the Prison Litigation Reform Act's (PLRA) administrative exhaustion requirement does not include judicial exhaustion as well. Hassan Jenkins, a New Jersey state prisoner, filed suit in federal court claiming his due process rights were violated in a prison disciplinary hearing …
Filed under:
Disciplinary Hearings,
Disciplinary Litigation,
Administrative Exhaustion (PLRA).
Location:
New Jersey.
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More from this issue:
- Cheaper Than Lab Rats: Can Prisoners Glow in the Dark?, by Hans Sherrer
- Former 'Guinea Pigs' Protest
- No Private Rights Under International Treaties
- Book Review: Acres of Skin: Human Experiments at Holmesburg Prison, by Daniel Burton-Rose
- Book Review: Sensible Justice: Alternatives to Prison, by Daniel Burton-Rose
- From the Editor, by Dan Pens
- PLN Sues Utah Jail Over Publication Ban; Suit Settled
- Wisconsin Resists Out-of-State Transfers
- Pro Se Tips and Tactics (Appointment of Counsel), by John Midgley
- No Administrative Exhaustion Required for Monetary Claims; No Qualified Immunity for the Malicious Use of Force
- Administrative Exhaustion Doesn't Include Judicial Remedies
- PLRA "Three Strikes" Provision Upheld and Discussed
- Pennsylvania Consent Decrees Terminated Under PLRA
- Colorado Prisoner Beaten, Not Stabbed
- Florida Nicotine Addiction Suit Settled
- Pennsylvania Supreme Court Draws the Line on Jailhouse Snitches
- Arkansas Sheriff Bent on "Saving" Prisoners
- "Tough" Florida Sheriff Arrested
- Eighth Amendment Applies to Escaped Convicts
- AHCC Bulk Mail Ban in Miniken Settled
- Full Court Overrules Clarke v. Stalder in Part
- Lengthy Ad Seg Is Atypical and Significant Hardship
- Kansas Good Time Rules Violate Ex Post Facto
- Retroactive Kansas Good Time Recalculation Unlawful
- South Carolina Grooming Rules Upheld
- Judicial Sentence of Life in Solitary Upheld
- Warden May Be Liable for Rape
- Jail Brutality Verdict Reversed Due to Improper Argument and Jury Instruction
- Work-Release Prisoners Eligible to Vote on Union Representation
- News in Brief
- Retaliatory Beating of Prisoner Is Triable Fact Issue
More from these topics:
- U.S. District Court in Arizona Grants Summary Judgment in Favor of Prisoner Denial of Forms for Challenging 455 Days of Solitary, Jan. 1, 2026. Totality of Conditions, Administrative Exhaustion (PLRA), Control Units/SHU/Solitary Confinement, Chemical Spraying of Mentally Ill Inmates, Deliberate Indifference.
- Second Circuit Vacates Finding that Prisoner Failed to Exhaust Administrative Remedies; Remands Conditions of Confinement and Due Process Claims, Dec. 1, 2025. Totality of Conditions, Failure to Protect (General), Administrative Exhaustion (PLRA), Municipal Liability, Ad-Seg Hearings.
- Eighth Circuit: Former Prisoner’s Amended Complaint Filed After Release Not Subject to PLRA Exhaustion Requirement, Dec. 1, 2025. Failure to Treat, Administrative Exhaustion (PLRA), Complaints, Cruel and Unusual Punishment, Deliberate Indifference.
- Wisconsin Prisoner Wins in Seventh Circuit Review of Exhaustive Remedies Case, Dec. 1, 2025. Failure to Treat, Failure to Protect (General), Administrative Exhaustion (PLRA), Grievances, Jury Trial.
- Ninth Circuit Finds No Bivens Extension Needed for Federal Prisoner Prescribed Water and Exercise for Thyroid Storms, Nov. 1, 2025. Systemic Medical Neglect, Administrative Exhaustion (PLRA), Civil Rights Actions or Offenses/Bivens Actions, Deliberate Indifference, Prison Litigation Reform Act (PLRA).
- Appeals Court Allows Illinois Prisoner’s Suit for Failure to Exhaust Administrative Remedies, Nov. 1, 2025. Failure to Treat, Administrative Exhaustion (PLRA), Summary Judgment, 42 U.S. Code § 1983, civil action for deprivation of rights, Hearsay Evidence/Exceptions.
- Appeals Court Rules Michigan’s Tolling Provision Is Not Inconsistent with the PLRA, Nov. 1, 2025. Administrative Exhaustion (PLRA), Limitations, 42 U.S. Code § 1983, civil action for deprivation of rights, Tolling of Statutes of Limitations and Laches.
- 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.