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BOP Fails to Prove Non-Exhaustion Following Pavey Hearing
Loaded on Jan. 15, 2012
by Mark Wilson
published in Prison Legal News
January, 2012, page 40
On June 7, 2011, an Illinois U.S. District Court held that federal prison officials had failed to satisfy their burden of proving a prisoner did not exhaust administrative remedies before bringing suit.
Filed under:
Retaliation,
Retaliation for Litigating,
Retaliatory Discipline,
Administrative Exhaustion (PLRA).
Location:
Illinois.
Chad Alan Hicks was confined at the Chicago Metropolitan Correctional Center (MCC), a federal Bureau of Prisons facility, ...
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More from this issue:
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- From the Editor, by Paul Wright
- Family of Prisoner Strangled in Oklahoma GEO Private Prison Awarded $6.5 Million, by Matthew Clarke
- Florida, Arizona Sell and Lease Back Prisons and Other State Buildings
- The Societal Impact of the Prison Industrial Complex, or Incarceration for Fun and Profit—Mostly Profit, by Alex Friedmann
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- California Prison Industry Authority Offers to Replace Offensive Grave Markers
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- Typewriters Alive and Well in American Prisons Despite Reports of Their Demise
- Review: Directory of Inmate Shopping Services E-Commerce, by Michael Brodheim
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- Illinois Prison Wages Cannot be Attached to Satisfy Incarceration Costs, by David Reutter
- North Carolina Jury Awards $10 Million in Wrongful Death Suit Against Taser, by Matthew Clarke
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- CMS Pays $275,000 in New York Prisoner’s Jail Death
- Tennessee Court Again Orders CCA to Produce Records in PLN Public Records Case
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- Aramark Loses Laundry Contract to Oregon Prisoners
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- California Muslim Prisoner Afforded Access to Kosher Diet Pending Implementation of “Religious Meat Alternate Program”
- Head of Missouri Jail Sentenced for Beating, Arranging Attacks on Prisoners
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- News in Brief:
More from Mark Wilson:
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- Former Oregon Prison Nurse Gets 30 Years for Raping Prisoners, Dec. 1, 2023
- After Ninth Circuit Refuses to Compel Arbitration, National Class Certified in HRDC’s Challenge to Jail and Prison Debit Card Fees, Oct. 15, 2023
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- Fourth Circuit Reinstates North Carolina Prisoner’s Suit, Finding Grievance Procedure Availability an Open Question, Oct. 15, 2023
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- 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).
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- SCOTUS Clarifies Nieves Exception to Lack of Probable Cause Requirement for First Amendment Retaliatory-Arrest Claim Does Not Require ‘Virtually Identical and Identifiable Comparators’, Aug. 1, 2024. Retaliation, Probable/Proximate Cause, Arrest/Arraignment, Court of Claims.
- 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).
- Lawsuit Over Mailroom Abuses by Washington DOC Leads to Policy Changes, June 1, 2024. Retaliation for Litigating, Retaliation for Filing Grievances, Photos, Sexually Explicit Materials, Mail Regulations, Due Process, Legal Mail.
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