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Tenth Circuit: Procedural Defense to Federal Prisoner’s ETS Suit Fails on Inadequate Grievance Record-Keeping

Loaded on Dec. 15, 2008 by John Dannenberg published in Prison Legal News December, 2008, page 46
Filed under: Cornell Corrections, Smoking, PLRA, Administrative Exhaustion (PLRA), Defenses. Location: New Mexico.

Tenth Circuit: Procedural Defense to Federal Prisoner’s ETS Suit Fails on Inadequate Grievance Record-Keeping

by John E. Dannenberg

The Tenth Circuit U.S. Court of Appeals reversed a summary judgment order in a federal prisoner’s pro se Environmental Tobacco Smoke (ETS) suit against private prison contractor Cornell Corrections, Inc., because Cornell’s ...

 

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  1. Use of Questionable “Lie Detectors" by Law Enforcement Expands Nationwide, by Matthew Clarke
  2. PLN Attorneys Awarded $137,672 for Post-Settlement Work in CDCR Censorship Case, by John Dannenberg
  3. Canadian Prisoner Recognized for Advocacy on Prisoner Health Issues
  4. From the Editor, by Paul Wright
  5. $2.75 Million Verdict in Dehydrated Michigan Prisoner’s Death
  6. StopMax: The Fight Against Supermax Prisons Heats Up, by Jessica Pupovac
  7. Ruling Against Expression is No Music to Prisoners’ Ears, by David Hudson
  8. An Execution in the Family: One Son’s Journey, by Robert Meeropol; St. Martin’s Griffin, 273 pages, $14.95, by David Preston
  9. Connecticut DOC Settles Prisoner Hogtying Death For $900,000
  10. NIC Report: Wisconsin Jails Racist and Dangerous, by Gary Hunter
  11. Wyoming American Indian Prisoner Wins Consent Decree to Receive Feathers
  12. “Habeas Hints”, by Kent A. Russell
  13. California DOC Settles Sadistic, Hate-Motivated, Three-Year Starvation Death Of Sikh Prisoner For $1 Million, by Marvin Mentor
  14. New Zealand Prisoners Building Copiers for Canon
  15. Exonerated Florida Prisoner Receives $2.2 Million; Second Lawsuit Still Pending
  16. CMS Insurer Must Pay Wyoming Suicide Settlement
  17. Jury Awards Indiana Prison Law Library Clerk $1,150 for Retaliation
  18. NCCHC Releases Position Statement on Abuse of Prisoners, by Matthew Clarke
  19. California Guards Union Investigated for Hiring Parolee for Office Job
  20. Prison Population Continues Exponential Growth, by David Reutter
  21. Alabama Policy Denies Work Release to HIV/AIDS Infected Prisoners, by David Reutter
  22. Indiana Prisoner Receives $200,000 in Excessive Force Case
  23. Landmark 1980 California Death Row Federal Consent Decree Partially Terminated Under PLRA, by John Dannenberg
  24. Indiana DOC Policy Banning Group Worship by Odinists Enjoined, by John Dannenberg
  25. BOP Agrees to Pay $90,000 in Attorney’s Fees and Costs in Suit Over Constitutionality of Byline Regulation
  26. Colorado DOC Pays $60,000 Settlement for Suicide of Former Prisoner Who Was Sexually Abused by Guard, by John Dannenberg
  27. Self-Help Legal Guides, Publisher, Rosemary Steele; 104 pages, Softbound, by David Reutter
  28. Sexual Abuse and Violence in Texas Prisons Eclipses National Average, by Gary Hunter
  29. $1.5 Million Settlement Provided to Immigrant Prisoner Who Lost Leg in Colorado Jail, by David Reutter
  30. $2.75 Million Settlement in New York Prisoner’s Loss of Sight Claim
  31. New Jersey Fires 52 Prison Guards in 2007, by Gary Hunter
  32. $4.45 Million Verdict in Meningitis Death of Cook County Jail Prisoner, by David Reutter
  33. GEO Group Consultant Civilly Charged With Insider Trading
  34. U.S. Supreme Court Upholds Use of Lethal Injection, by Brandon Sample
  35. Oregon Guards Wrongly Fired Win $1,000,000
  36. Exonerated Florida Man Receives $1.25 Million
  37. Helping Ex-Prisoners Find Jobs Has Become Important to the Government, Finally, by Derick Limberg
  38. Pennsylvania Jail Rebuffs Calls for Independent Review of Abuse Claims
  39. $290,000 Award for New York Prisoner’s Slip and Fall on Ice
  40. Strip Search Policy E-mails Were Attorney-Client Communications, but Privilege Is Waived
  41. Florida Jail Supervisors Investigated in Fraudulent Overtime Scheme
  42. $25,000 Award To South Carolina Prisoner Injured Performing Community Service
  43. New Hampshire Prisoner’s ADA Claim Survives Summary Judgment
  44. Native American Reservations in Dire Need of Better Jails, Get Money to Build More
  45. Ohio Man Receives $600,000 for Wrongful Imprisonment
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  47. South Dakota Guard Liable for Prisoner’s Electrocution Death
  48. Legal Financial Obligation Deductions Imposed on All Washington Prisoners
  49. Massachusetts DOC Ordered to Provide Vegan Meals to Buddhist Prisoner
  50. Tenth Circuit: Procedural Defense to Federal Prisoner’s ETS Suit Fails on Inadequate Grievance Record-Keeping, by John Dannenberg
  51. Ninth Circuit: Statutory Increase in Restitution Payment Rate Does Not Violate Plea Agreement and is Not Ex Post Facto
  52. EAJA Permits Recovery of Fees for Paralegal Services at Market Rates, US Supreme Court Holds
  53. New York Sex Offenders’ Settlement Agreement Superseded by New Registration Law
  54. Tenth Circuit Follows Jones v. Bock, Reverses Full-Exhaustion Predicate in § 1983 Cases, by John Dannenberg
  55. Washington Court Invalidates Pretrial Substance Abuse Conditions
  56. No Filing Fee Lien Allowed in Florida Mandamus Cases
  57. News in Brief:
  58. $635,000 Settlement in Wisconsin Woman Prisoner’s Suicide

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