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No Administrative Exhaustion Required for Monetary Claims; No Qualified Immunity for the Malicious Use of Force
Loaded on March 15, 1999
published in Prison Legal News
March, 1999, page 12
Two federal district courts in Illinois held that a state prisoner was not required to exhaust his administrative remedies when filing suit seeking damages if the administrative remedies did not provide for damages. One court also held that prison officials were not entitled to qualified immunity for beating a prisoner ...
Filed under:
Strip Searches,
Administrative Exhaustion (PLRA),
Excessive Force,
Guard Brutality/Beatings,
Pepper Spray/Tear Gas,
Qualified Immunity.
Location:
Illinois.
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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:
- Suit Filed Over Fatal Beating of New York Prisoner That Sparked Massive Guard Strike, Aug. 1, 2025. Guard Misconduct, Failure to Treat, Guard Brutality/Beatings, Restraints, Failure to Protect (Wrongful Death), Excessive Force (Wrongful Death).
- News in Brief, Aug. 1, 2025. Staff-Prisoner Assault, Private Prisons, Misconduct/Corruption, Guard Misconduct, Systemic Medical Neglect, Male Reproductive, Malpractice, Escapes, Guard Brutality/Beatings, Stun Guns/Tasers, Pepper Spray/Tear Gas, Restraints, Excessive Force (Wrongful Death), Juvenile Prisons, Bureau of Prisons (BOP), Bribery/Extortion/Theft.
- DOJ Finds Unconstitutional Conditions in Texas Juvenile Detention, Aug. 1, 2025. Staff-Prisoner Assault, Retaliation for Filing Grievances, Pepper Spray/Tear Gas, Sentencing, Control Units/SHU/Solitary Confinement, Failure to Protect (Juveniles), Juvenile Prisons.
- Ninth Circuit Agrees That Former Guantanamo Detainee Lacks Grounds to Sue for Waterboarding, Aug. 1, 2025. War on Terror, Guard Brutality/Beatings, Stun Guns/Tasers, Pepper Spray/Tear Gas, Restraints, Terrorism.
- 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).
- $6.75 Million Settlement Reached in Suit Accusing Massachusetts Guards of Retaliatory Assaults on Prisoners, Aug. 1, 2025. Racial Discrimination, Retaliation, Guard Brutality/Beatings.
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- 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).
- SCOTUS Clamps Down on Bivens Extension to Prisoner Beaten by BOP Guards at Virginia Lockup, Aug. 1, 2025. Guard Brutality/Beatings, Restraints, Immunity - Absolute and Qualified, Bivens Actions.
- Former Oregon Prison Guard Sergeant Sentenced for Sexually Abusing Imprisoned Women, Aug. 1, 2025. Staff-Prisoner Assault, Failure to Protect (General), Guard Brutality/Beatings.