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BOP Administrative Tort Claims Fail to Satisfy PLRA’s Exhaustion Requirement
Loaded on Nov. 15, 2008
published in Prison Legal News
November, 2008, page 40
Filed under:
Medical,
Skeletal Injury,
Administrative Exhaustion (PLRA),
Defenses,
Federal Tort Claims Act.
Location:
New York.
BOP Administrative Tort Claims Fail to Satisfy PLRA’s Exhaustion Requirement
The Second Circuit Court of Appeals held that a federal prisoner’s administrative tort claims did not satisfy the administrative exhaustion requirement of the Prison Litigation Reform Act (PLRA), but ordered an evidentiary hearing to determine whether threats by a guard ...
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More from this issue:
- Doing Borrowed Time: The High Cost of Back-Door Prison Finance, by Kevin Pranis
- Arkansas Woman Left in Cell for Four Days Without Food or Water
- From the Editor, by Paul Wright
- Monitor’s Second and Third Reports Find Medical Care From CMS for Delaware Prisoners Still Lacking, by David Reutter
- Paying Texas Prisoners Undermines Outside Businesses, by Gary Hunter
- Colorado DOC Increases Legal Photocopy Fees 400 Percent
- An Interview with Randall Berg, Executive Director of the Florida Justice Institute, by Todd Matthews
- Could the Fall of Lehman Brothers Signal Trouble for Private Prison Corporations?, by Bob Libal
- Private Prisons a Public Disgrace in Texas, by Gary Hunter
- Ex-Warden’s Wife Charged With Assisting Prison Escapee, by Gary Hunter
- Privatized Medical Care in Mississippi Prisons: Another Wexford Failure, by David Reutter
- Illinois Federal Jury Awards Record $15.5 Million in False Arrest Case, by Matthew Clarke
- Effects of Florida’s Faith Based Prisons Found to Be Promising in Reducing Recidivism, by David Reutter
- Florida County Sheriff Liable for $1.5 Million for Acts of Informant on Work Release
- Massachusetts Jail Conditions Unconstitutional Says U.S. Department of Justice, by Gary Hunter
- CA Justice Commission: “Low bid, flat fee” Defense Attorney Hiring Scheme Shortchanges Indigent Criminal Defendants, by John Dannenberg
- $13.5 Million Florida Jail Strip Search Settlement
- Maricopa County Special Prosecutor Padded Résumé, Law Partner Quits, by Matthew Clarke
- U.N. Recommends Worldwide Death Penalty Moratorium
- CMS Nurse Injects 15 Delaware Prisoners with the Same Syringe
- Errantly Paroled Mentally Ill San Quentin Prisoner Commits Mayhem In San Francisco
- Iowa Imprisons Blacks at Alarming Rate, by Gary Hunter
- HIV Cases in U.S. Prisons Decline
- Nevada Phone Contract Reduces Costs to Prisoners’ Families But Increases State’s Kickback, by David Reutter
- U.S. Pardon Attorney Replaced After Investigation Reveals Racial Comments, Retaliation and Mismanagement, by Brandon Sample
- Texas State Auditor States Some Prison Rehabilitation Programs Effective, Some Not, by Matthew Clarke
- Justice Policy Institute Brief Links Crime, Wages and Unemployment, by Matthew Clarke
- $145,000 Awarded to New York Prisoner Who Falls While Cutting Wet Grass
- Incarcerated New York Women Denied Access to Reproductive Health Care, by Gary Hunter
- Alabama Federal Court Awards $538,178 in Attorney Fees and Expenses for Women Prison Conditions Litigation
- $156,289 in Attorney Fees Awarded for Enforcing California Jail Prisoners’ Federal Consent Decrees, by John Dannenberg
- Report Finds Incarceration Damages Children Psychologically, Emotionally, by Gary Hunter
- CA State Auditor: 352 Licensed Residential Living Facilities Errantly Housed Registered Sex Offenders, by John Dannenberg
- Former Female Prisoners Settle Sexual Abuse Lawsuit in Virginia
- Identity of Prisoner Who Smuggled Gun into New Jersey Facility Revealed by Appeals Court, by Gary Hunter
- California Proposition 36 Drug Program Participation Credits Apply Against Subsequent Probation Revocation
- BOP Administrative Tort Claims Fail to Satisfy PLRA’s Exhaustion Requirement
- $80,000 Settlement in Utah Jail Prisoner’s Suicide
- $5,775 Awarded For 104 Days of Over-Incarceration in Ohio Prison
- Supreme Court: Death Penalty for Child-Rape Barred as Cruel and Unusual Punishment
- Ninth Circuit: Washington Law Creates Liberty Interest in Sex Offenders’ Early Release to Community Custody
- Crack Cocaine Offenders Denied Representation for Sentence Reductions, by Brandon Sample
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- Florida Imposes Broad Budget Cuts, but Prison Officials Increase Pay Through Double-Dipping, by David Reutter
- News in Brief:
- Romance with Jail Guard Lands Sex Offender Back in Prison, by Gary Hunter
More from these topics:
- 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).
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- 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).
- Ohio Supreme Court Announces Self-Defense Jury Instruction Does Not Require Intent to Harm or Kill Assailant, Oct. 1, 2024. Defenses, Jury Instructions, Motive/Opportunity/Intent/Identity Evidence.
- 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).
- Washington Superior Court Says Jail Cannot Bill Poor Detainees for Medical Care, May 1, 2024. Medical, Seizure of Prisoner Funds, Booking Fees.
- Potential Dangers of Medical Monitors, April 15, 2024. Medical, Police State-Surveillance, Electronic Surveillance.
- 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).