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Judge, Not Jury, Must Resolve Questions about Administrative Exhaustion
Loaded on June 15, 2012
published in Prison Legal News
June, 2012, page 46
Factual disputes surrounding whether a prisoner properly exhausted administrative remedies under the Prison Litigation Reform Act (PLRA) prior to filing suit must be resolved by the court, not a jury, the U.S. Court of Appeals for the Second Circuit held on July 26, 2011. In so ruling, the Second Circuit ...
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- Angola: A Prison Passion Play, by John Dannenberg
- From the Editor, by Paul Wright
- No Budget Cuts for Federal Prisons, by James Ridgeway
- Death Sentences, Executions Remain at Low Levels, by Justin Miller
- Dallas County Passes Jail Inspections ... Finally
- Michigan Sex Offender’s Suicide Results in Changes to Sex Offender Registry Law, by Matthew Clarke
- California Lifers: Deaths Exceed Parole Releases, by John Dannenberg
- Background Checks that Bar Employment of Ex-offenders May Violate Civil Rights
- Class-Action Settlement Cures Constitutional Violations at Pennsylvania Prison
- Hawaii ACLU Files Suit on Behalf of Women Who Want to Marry Prisoners, by Alex Friedmann
- Wrongful Convictions Prove Costly, Especially for the Wrongly Convicted, by Matthew Clarke
- Guard Who Identified Over 100 Prison Rioters Pleads Guilty to Contraband Charge
- Oregon Increases Sex Offender Registration Requirements
- Washington Prison Video Surveillance Recordings Exempt from Disclosure Under Public Records Act, by Michael Brodheim
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- Federal Investigation, Prosecution Targets Indiana Sheriff’s Officers, by Derek Gilna
- Failure to Advise Defendant of Ineligibility for Early Release Credits Renders Guilty Plea Invalid
- CCA Anti-Prison Rape Shareholder Resolution Fails to Pass
- Ninth Circuit Rules that Washington DOC Religious Contractor Not a “State Actor”
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- Former BOP Guard Convicted, Sentenced in Murder-for-Hire Case
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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).
- 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.