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Dismissal of Bivens Action for Non-Exhaustion Reversed
Loaded on April 15, 2006
published in Prison Legal News
April, 2006, page 38
The Seventh Circuit Court of Appeals vacated a lower courts grant of summary judgment against a federal prisoner for failing to exhaust administrative remedies. Federal Bureau of Prisons (BOP) prisoner Curtis Dale was stabbed seven times by other prisoners on the recreation yard at the U.S. Penitentiary Terre Haute. Nineteen ...
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More from this issue:
- Georgia Prisons: A Blight On The Peach State, by Michael Rigby
- Texas Counties Set To Raid State Prisoners Trust Fund Accounts
- From the Editor, by Paul Wright
- Colorado DOC s Medical Oversight Found Remiss, by G.A. Bowers
- CSC Pays Public Defender Social Worker $125,000 for Rape in Juvenile Facility
- Former Georgia Parole Chairman Loses Appeal of Corruption Conviction
- Weary California Prison Gang Members Increasingly Opt Out for Solace of Sensitive Needs Yards
- Cell-Block Beatdown: Do Boston Prisoners Have Any Chance of Holding Abusive Prison Guards Responsible? Signs Are Not Promising, by David S. Bernstein
- Continued Reliance on Commitment Offense to Deny California Lifers Parole Denies Federal Due Proces, by Marvin Mentor
- Petty Stone Cold Kickbacks KO Government Employees Nationwide
- PHS Pays $350,000 to Settle Claim for Over-Medication Death of Florida Jail Prisoner
- Dismissal of Medical and Retaliation Claims Reversed, by Bob Williams
- Georgia Legislature Awards Wrongly Convicted Man $1 Million
- Minnesota County Settles Suit over Untreated Appendicitis for $225,000
- State Auditor Blasts Colorado DOC's Private Prison Oversight Failures, by Matthew T. Clarke
- Phoenix, Arizona, Settles Krone Wrongful Imprisonment Suit for $3 Million
- California DOC Settles Racially Determinative Housing Suit, by John Dannenberg
- Michigan Jails Strip Policy Unconstitutional; Guards and Get Qualified Immunity, County Liable, by David Reutter
- Severely Beaten L.A. County Jail Prisoner Wins Only $5,000
- Californias 2005 Prison Suicide Rate Doubles Over 2004, by John Dannenberg
- Utah Jail Policy Banning Subscriptions to Magazines and Newspapers Enjoined; Fees Awarded, by John Dannenberg
- Alabama Work Release Prisoners Reclassified Following Escapes
- NYDOCS Abandons ADA DOJ Exhaustion Defense
- Eighth Circuit Upholds Denial of Compensatory/Punitive Damages; Physical
- Exhaustion Not Required in Pennsylvania Parole Denial Challenges
- New York Prisoner Awarded $2,250 For Wrong Medication
- Repercussions from Georgia Courthouse Escape, Shootings Continue
- L.A. County Jail Gets $20,000 from State for Pruno-Sniffing Dogs; Inmate Welfare Funds Tapped to Mai
- $1.1 Million FTCA Emotional Distress Award In BOP Suicide Death Upheld, Even Though Murder By Guar
- Alabama Diabetic Prisoner Stomped On and Retaliated Against by Guard Awarded $20,000, by John Dannenberg
- Ohio Man Awarded $618,000 for Nearly 16 Years Wrongful Imprisonment
- PLRA Doesnt Bar FRCP 15(a) Amendment of Complaint - No HIV/Hepatitis Treatment = Imminent Danger o
- PLRA Doesnt Alter FRCP 23 Class Certification Analysis
- No Qualified Immunity on Toothpaste, Inhaler & Ventilation Claims
- Appointment of Counsel Satisfies Access to Courts Requirement
- Seventh Circuit Reverses Jail Lockdown Dismissal; Day After Christmas = Legal Holiday
- Missouri's 5-Year Limitation Period Applies to § 1983 Claims; 8th Circuit Reverses Earlier Decision to Contrary
- $1,250 Settlement in Oregon Retaliation, Court Access Claims
- Washington Prison Staff Properly Fired For Sexually Assaulting Prisoner
- On Remand From Supreme Court, Sixth Circuit Reverses Judgment on Guard Retaliation Claim
- Any Reliance On AA or NA Participation During Parole Consideration Violates Establishment Clause, by John Dannenberg
- Dismissal of Bivens Action for Non-Exhaustion Reversed
- California Probationers and Parolees Not Similarly Situated As To Eligibility For Prop. 36 Drug Tr, by John Dannenberg
- Sixth Circuit Requires Total Exhaustion Under PLRA; Decision Conflicts with Hartsfield
- Fair Labor Standards Acts Minimum Wage Provision Not Applicable to Private Prisons
- Washington Appeals Court Reverses the Dismissal of a Slip-and-Fall Negligence Action; State Responsi
- 2nd Circuit Reverses Sua Sponte § 1915 Dismissal; Parolee Owed Duty of Habitable Residence
- News in Brief
- Prisoner Suit Alleging Sexual Assault By Colorado Sheriffs Staff Reinstated
More from these topics:
- No Evacuations for Los Angeles Prisoners in Wildfire’s Path, March 1, 2025. Failure to Protect (General), Fire Hazards.
- Fourth Circuit Reinstates North Carolina Prisoner’s Failure-to-Protect Claim Against Guard in Stabbing, Feb. 15, 2025. Guard Misconduct, Failure to Protect (General), Protective Custody, Official Investigation.
- Fourth Circuit Revives Claims Against Virginia Jailers by Detainee They Allegedly Manhandled While Handcuffed, Feb. 15, 2025. Videotaping, Guard Brutality/Beatings, Restraints, Summary Judgment, Physical Injury/Restraint.
- Minnesota Supreme Court Says Randy Guard Must Face Prisoner’s Sexual Harassment and Assault Claims, Feb. 15, 2025. Staff-Prisoner Assault, Staff-Prisoner Harassment, Guard Misconduct, Federal Tort Claims Act, Federal Tort Claims Act (FTCA).
- Sixth Circuit Revives Challenge by Kentucky Prisoner Left Three Weeks in “Rancid” Paper Undershorts, Feb. 15, 2025. Informants, Clothing, Sanitation, Summary Judgment, Deliberate Indifference.
- USDC (D. Oregon), Case No. 6:22-cv-00451, Feb. 15, 2025. Guard Misconduct, Prison Gangs, Failure to Protect (General), Guard Brutality/Beatings, Settlements.
- Seventh Circuit Offers Wisconsin Prisoner Just a Little Help in Suit Alleging He Was Held in Feces-Stained Cell Without Water, Feb. 15, 2025. Sewage, Water, Sanitation, Summary Judgment.
- Suits Filed Over Dehydration Deaths at Two Texas Jails, Jan. 15, 2025. Failure to Protect (General), Water, Settlements, Medical Neglect/Malpractice, Failure to Treat (Mental Illness).
- Two Hurricanes in Two Weeks Threaten Prisoners and Jail Detainees in Six States, Nov. 15, 2024. Failure to Protect (General), Water, Rural Prisons.
- After $750,000 Settlement, Georgia Guard Sued Second Time For Letting One Prisoner Murder Another, Nov. 15, 2024. Prison/Jail Murders, Failure to Protect (General), Settlements, Failure to Protect (Wrongful Death), Murder/Felony Murder.