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Released Prisoners Need Not Exhaust Grievance Remedies Before Filing Suit
Loaded on Jan. 15, 2011
published in Prison Legal News
January, 2011, page 27
The Ninth Circuit has held that former prisoners need not exhaust administrative remedies before filing suit pursuant to 42 U.S.C. § 1983 to challenge the conditions under which they were once confined. In so ruling, the Ninth Circuit joins the Second, Third, Seventh, Eighth and Tenth Circuits; each has held ...
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More from this issue:
- Medical Examiners Lack Qualifications, Competence, Oversight, by Matthew Clarke
- Kentucky Jail Under Investigation After Prisoner Dies; Sexual Abuse, Financial Mismanagement Also Alleged, by Derek Gilna
- From the Editor, by Paul Wright
- St. Louis Lockups Violate Constitutional Rights, ACLU Asserts, by Mark Wilson
- Mentally Ill Prisoner Terrorized, Forced to Wear Pink Underwear by Arizona Jailers
- California Prison Settles Prisoner’s Excessive Force Suit for $15,000
- Texas Capital Defendants with Hired Attorneys Rarely Receive Death Sentences, by Matthew Clarke
- $16 Million Award Upheld in Wrongful Conviction Resulting from Undisclosed Evidence and Relationship
- UNICOR-Made Military Helmets Recalled, Production Suspended, by Derek Gilna
- $300,000 Settlement for New York Guard’s Fondling of Prisoner
- Kansas No Longer a Leader in Post-Release Prisoner Programs, by Derek Gilna
- North Carolina Prison Censorship Class Action Suit Settled
- Federal Rapid REPAT Program Not Working in Rhode Island, by Derek Gilna
- Georgia Prisoners Strike for Wages, Better Medical Care and Food
- Oregon Prisoner Holds Counselor Hostage, Gets New 68-Month Sentence
- California: Confiscation of Prisoner’s Mail May Violate First Amendment
- California: Harsh Sentencing Laws and Health Care Costs Strain Corrections Budget
- Released Prisoners Need Not Exhaust Grievance Remedies Before Filing Suit
- Budget Deficits Lead to Fewer Supermax Beds, by Mark Wilson
- California: Validity of Parole Board’s Psych Evaluation Procedures for Lifers Questioned, by Michael Brodheim
- Fourth Circuit Vacates Pornography Restriction on Federal Defendant
- Connecticut Restricts Prisoners’ FOIA Requests, by David Reutter
- U.S. Department of Justice Releases Report on Deaths in Jails, by Matthew Clarke
- Former Ohio Prison Guard Dies Shackled to Hospital Bed, by Matthew Clarke
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- Oregon Jail Guard Latest to be Indicted for Sexual Misconduct, by Mark Wilson
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- California: Parole Agents Saw and Spoke to Kidnap Victim, Yet Failed to Identify or Rescue Her
- Political Patronage Scandal Rocks Massachusetts Probation Department, by Derek Gilna
- Federal Restitution Law Failing Crime Victims, by Michael Rigby
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- Mississippi Supreme Court Holds Substance, Not Label, of Prisoner Petitions Governs
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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.