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Puerto Rican Prisoner’s Property Suit Dismissed
The plaintiff sued over lost property He had failed to file an appeal of the adverse ruling on his grievance within the five-day time limit The court buys all the holdings construing "prison conditions" expansively, and does the same with those applying the exhaustion requirement to damage claims, and says the claim is barred The court does not rule that missing a five-day deadline is an irremediable procedural default; it's not clear that the plaintiff filed an appeal at all
The court also holds that the plaintiff had an adequate post-deprivation remedy, as demonstrated by the same administrative procedures. See: Feliciano v. Servicios Correccionales, 79 F.Supp.2d 31 (D.P.R. 2000).
The plaintiff sued over lost property He had failed to file an appeal of the adverse ruling on his grievance within the five-day time limit The court buys all the holdings construing "prison conditions" expansively, and does the same with those applying the exhaustion requirement to damage claims, and says the claim is barred The court does not rule that missing a five-day deadline is an irremediable procedural default; it's not clear that the plaintiff filed an appeal at all
The court also holds that the plaintiff had an adequate post-deprivation remedy, as demonstrated by the same administrative procedures. See: Feliciano v. Servicios Correccionales, 79 F.Supp.2d 31 (D.P.R. 2000).
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Related legal case
Feliciano v. Servicios Correccionales
Year | 2000 |
---|---|
Cite | 79 F.Supp.2d 31 (D.P.R. 2000) |
Level | District Court |
Injunction Status | N/A |