×
You've used up your 3 free articles for this month. Subscribe today.
No Time Limit for Defendants to Raise a PLRA Defense
Loaded on June 15, 2011
by David Reutter
published in Prison Legal News
June, 2011, page 42
by David M. Reutter
Filed under:
Administrative Exhaustion (PLRA),
Civil Procedure,
Limitations.
Location:
Pennsylvania.
On May 17, 2010, the Third Circuit Court of Appeals reversed a district court’s grant of summary judgment to prison officials on the eve of trial, holding it was an abuse of discretion to grant the oral motion for summary judgment so late in the proceedings. ...
Full article and associated cases available to subscribers.
As a digital subscriber to Prison Legal News, you can access full text and downloads for this and other premium content.
Already a subscriber? Login
More from this issue:
- States Scramble to Find Lethal Injection Drugs, by David Reutter
- Three Fulton County, Georgia Jail Guards Sentenced in Prisoner Abuse Investigation
- Blind Virginia Prisoner Settles Suit to Accommodate Disability
- From the Editor, by Paul Wright
- Wexford Enters Into Confidential Settlement in New Mexico Prisoner’s Death, by David Reutter
- Fire at Overcrowded Chilean Prison Kills Over 80 Prisoners, by Matthew Clarke
- Savings from North Carolina Prisoner Slave Labor Result in Additional Prison Beds, by David Reutter
- Uncollected Court Debts Piling Up in Tennessee
- New York Jury Awards Wrongfully Convicted Man $18.5 Million, but Court Grants Motion to Set Aside Verdict
- Ninth Circuit Upholds Washington’s “Two Strikes Law” for Repeat Sex Offenders
- Washington Prisoner Discovers Good Time Error; County Officials Admit and Correct Mistake, by David Reutter
- PHS and NY Jail Employees Have Conflict of Interest with Legal Representation
- Louisiana Sheriff Cages Suicidal Prisoners in Space Smaller than Required for Dogs
- $149,500 Settlement for Hawaiian Prisoner Denied Medical Care After Transport Accident
- Washington: Pierce County Jail Suit Ends After 15 Years
- Federal Courts Reject Leniency Pleas from Politically-Connected Defendants, by David Reutter
- Hopes Dashed for Criminal Defendants Facing Deportation in Virginia, by Derek Gilna
- Releasees from Rural Michigan Jail Frighten Neighbors on Long Walk Home
- Family of California Immigration Prisoner Who Died Due to Untreated Cancer Gets $3.68 Million, by Brandon Sample
- Uproar Over Background Checks for BP Oil Spill Workers Following Rape Allegation Against Sex Offender, by David Reutter
- Dozens of Israeli Prison Guards Die in Fire
- Fifth Circuit Holds Mississippi Felons May Not Vote in Presidential Elections
- Six Florida Jail Staff Arrested in Contraband Smuggling Probe, by David Reutter
- The Incarceration Capital of the U.S., by Jordan Flaherty
- U.S. Admits Infecting Prisoners, Mentally Ill Patients in Guatemala in 1940s, by Derek Gilna
- Los Angeles County Approves $444,000 in Settlements for Sexual Assaults by County Employees
- Controversy Involving North Carolina State Bureau of Investigation Crime Lab, by Matthew Clarke
- Ninth Circuit Rejects Challenge to BOP’s Implementation of Second Chance Act
- Federal Cell Phone Ban Becomes Law; California Bill Vetoed, then Re-Introduced, by Brandon Sample
- Sanctions Against Prisoner for Alleged “Frivolous” Habeas Petition Improper, Tenth Circuit Decides
- Texas Prison System Must Accommodate Hearing-Impaired Visitors, by Matthew Clarke
- Ohio: Mixed Verdicts Against Guards Involved in Prisoner’s Death, by Brandon Sample
- Wisconsin County Jail Administrator Charged with Stealing Jail Funds
- Tenth Circuit Reverses Lawsuit on Hygiene Versus Court Access for Second Time, by Bob Williams
- Remembering the High Point of Prisoner Rights, by David Hudson
- Department of Justice Reports on Sexual Victimization in U.S. Prisons and Jails, by Matthew Clarke
- Ex-BOP Pharmacist Sentenced for Stealing Drugs
- No Time Limit for Defendants to Raise a PLRA Defense, by David Reutter
- U.S. Deportations Set Record in 2010, by Derek Gilna
- Anarchists Claim Attack on NC Department of Correction
- ACLU Investigates Prisoners’ Deaths at Puerto Rican Prison, by Derek Gilna
- First Circuit Reverses Finding that Sexual Interest in Adolescents Not Disorder Warranting Civil Commitment, by Brandon Sample
- Eighth Circuit Affirms Denial of Qualified Immunity for Guards Accused of Deliberate Indifference; $5.2 Million Verdict, $450,000 Settlement on Remand, by Brandon Sample
- Virginia DOC Settles Censorship Suit Over The Final Call
- New York Ex-Jail Doctor Charged With Selling Prescription Painkillers
- Maricopa County Sheriff’s Office Insider Makes Misconduct Allegations; Resignations Result, by Matthew Clarke
- News In Brief:
More from David Reutter:
- Philadelphia Agrees to $9.1 Million Settlement for Wrongful Murder Conviction, Feb. 15, 2025
- ‘Fictional Pleas’ and ‘Hidden Departures’: Failure to Collect Data on Binding Federal Plea Bargains Hinders Researchers, Feb. 15, 2025
- First Circuit: Two-Level Enhancement Under § 3B1.1(c) for Leadership or Managerial Role Vacated Because Government Failed to Prove Defendant’s Order Was Actually ‘Obeyed’ by Fellow Criminal Participant, Feb. 15, 2025
- Texas Court of Criminal Appeals Holds Witness Wearing Surgical Mask During Pandemic Is Denial of Sixth Amendment Right to Face-to-Face Confrontation and No General Exception to This Right for Pandemic or ‘Other Global Events’ Such as Wars and Natural, Feb. 15, 2025
- The Murky Waters of Parole, Feb. 1, 2025
- California Prisoner Awarded Over $1.26 Million in Suit Challenging Withheld Legal Mail Which Resulted in Habeas Loss, Jan. 15, 2025
- Muslim New York Prisoner’s Free Exercise of Religion Claim Reinstated, Jan. 15, 2025
- Fourth Circuit: Baltimore County Prisoners May Qualify as Employees under FLSA, Jan. 15, 2025
- In Failure-to-Treat Claims, Wellpath Denied Dismissal in Virginia, Settles in Pennsylvania, Dec. 15, 2024
- Trends Show Mortality Risks Increase with Higher Jail Turnover Rates, Dec. 15, 2024
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).
- 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.
- Florida Prisoners Not Required to File Rulemaking Petition to Satisfy PLRA Exhaustion Requirement, Jan. 1, 2024. Administrative Exhaustion (PLRA), Administrative Exhaustion, RLUIPA, Administrative Procedures Act (State), Right to Grow a Beard.