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Supreme Court Holds Administrative Remedies Must Be Properly Exhausted Under the PLRA
by John E. Dannenberg
The U.S. Supreme Court held that before filing a 42 U.S.C. § 1983 complaint, a prisoner must
first fully, properly and timely exhaust his administrative remedies. Specifically, as here, failure to
properly exhaust remedies below may not later be cured by claiming that no other remedies ...
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More from this issue:
- For-Profit Transportation Companies: Taking Prisoners, and the Public, for a Ride, by Alex Friedmann
- PLN Wins FOIA Suit to Gain Copies of BOP Verdicts and Settlements without Charge, by John E Dannenberg
- Florida Guards a Day Late and a Dollar Short with Failure to Exhaust Defense; $180,000 Verdict Upheld
- From the Editor, by Paul Wright
- $500,000 CCA Escape/Hostage Damage Award Upheld
- Brownsville Texas Border Corruption Continues, by Gary Hunter
- A Captive Audience For Salvation, by Jane Lampman
- Pro Se Tips and Tactics: Fourteenth Amendment - Due Process: U. S. Supreme Court Clarifies Some Rights, by Daniel Manville
- Supreme Court: Banning Publications to Punish Recalcitrant Prisoners Trumps Their First Amendment Rights, by John E Dannenberg
- CSC Alien Abuse Class Action Settled for $2.5 Million
- Supreme Court Says No to Trial by Military Commission for Gitmo Prisoners, by Matthew T. Clarke
- No Room in Prison? Ship Em Off Prisoners have become unwitting pawns in a lowest-bidder- gets-the-convict shuffle game, by Silja JA Talvi
- U.S. Government Settles 9-11 Detainee Abuse Suit for $300,000, by Matthew T. Clarke
- Assistant U.S. Attorneys Ordered to Pay Prisoner $500 For Misconduct, by Michael Rigby
- Widespread Prisoner Labor Abuse Requires Reform, by Gary Hunter
- Nevada Summary Judgment for Non-Exhaustion Reversed
- New York Strip-Search Suit Settled for $1.7 Million
- Kentucky County Jail Settles Lawsuit Alleging Overcrowded Conditions, by Michael Rigby
- CCA Fineable in New Contracts With Colorado and Hawaii, by Matthew T. Clarke
- Virginia Sheriffs Pay for Christian Ministries, by Michael Rigby
- Washington DOC Settles Mail Censorship Suit with PLN for $442,500 in Fees and Damages, by John Dannenberg
- $75,000 Settlement for Untreated Wisconsin Methadone Patient, by Michael Rigby
- Virginia Prisoners Challenge Grooming Policy Under RLUIPA
- Florida County Bucks Paying $300,000 in Prisoner Medical Bills
- Sexually Abused Texas Prisoner Loses Federal Lawsuit, Returns To Prison, by Michael Rigby
- Asthmatic South Carolina Prisoner Awarded $3,200 on ETS Claim
- FL Work Releasees Reporting to Work Late Doesnt Amount to Escape
- Supreme Court Holds Administrative Remedies Must Be Properly Exhausted Under the PLRA, by John Dannenberg
- Delaware Legislature Rejects Bill Upgrading Prison Health Care, by David Reutter
- Dismissal of Failure to Protect Claim Reversed; No Showing Necessary to Survive Rule 12(b)(6) Dismissal
- Oklahoma Requires Exhaustion of Administrative Remedies For Ex-Prisoner Suits
- News in Brief:
- $470,000 Paid in Pennsylvania Jail Prisoners Seizure Related Death
More from John Dannenberg:
- Disciplinary Self-Help Litigation Manual, 2d Ed., by Dan Manville, March 5, 2015
- Systemic Changes Follow Murder of Colorado Prison Director, July 10, 2014
- The Redbook – A Manual on Legal Style, April 15, 2014
- Arrest-Proof Yourself, by Dale Carson and Wes Denham, March 15, 2014
- Arrested: What to do When Your Loved One’s in Jail, by Wes Denham, Feb. 15, 2014
- California Parole Board Agrees to Implement Policy to Fix Terms at Lifers’ Initial Hearings, Jan. 15, 2014
- FCC Order Heralds Hope for Reform of Prison Phone Industry, Dec. 15, 2013
- Federal Court Orders California to Release 9,600 More Prisoners, Aug. 15, 2013
- Valley Fever Declared a Public Health Emergency at Two California Prisons; Court Orders Prisoner Transfers, July 15, 2013
- Plata and Coleman Showdown in California, June 15, 2013
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.