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Ninth Circuit Holds New Claims Need Only be Exhausted Prior to Filing Amended Complaint
Loaded on May 15, 2012
published in Prison Legal News
May, 2012, page 28
The Ninth Circuit has held that a § 1983 prisoner litigant who wants to raise new claims based on conduct that occurred after an initial complaint was filed may do so by exhausting available administrative remedies (relative to the new claims) prior to filing an amended complaint. In so doing, …
Filed under:
PLRA,
Administrative Exhaustion (PLRA),
Complaints,
Administrative Exhaustion.
Location:
California.
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More from this issue:
- Prison Slave Labor Replaces Freeworld Workers in Down Economy, by David Reutter
- Report Deconstructs Urban Legend of 100,000 Missing Sex Offenders, by David Reutter
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- From the Editor, by Paul Wright
- Eighth Circuit Affirms No First Amendment Right to Lower Prison Phone Rates, by Matthew Clarke
- PLN Public Records Suit Reveals Litigation Payouts for District of Columbia DOC, by Alex Friedmann
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More from these topics:
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- Fifth Circuit Upholds Dismissal of Suit by Civilly Committed Texan, Dec. 1, 2025. Sex Offenders (Discrimination), Conditions of Confinement, Complaints, Grievances, Civil Commitment.
- Second Circuit Vacates Finding that Prisoner Failed to Exhaust Administrative Remedies; Remands Conditions of Confinement and Due Process Claims, Dec. 1, 2025. Totality of Conditions, Failure to Protect (General), Administrative Exhaustion (PLRA), Municipal Liability, Ad-Seg Hearings.
- Eighth Circuit: Former Prisoner’s Amended Complaint Filed After Release Not Subject to PLRA Exhaustion Requirement, Dec. 1, 2025. Failure to Treat, Administrative Exhaustion (PLRA), Complaints, Cruel and Unusual Punishment, Deliberate Indifference.
- Wisconsin Prisoner Wins in Seventh Circuit Review of Exhaustive Remedies Case, Dec. 1, 2025. Failure to Treat, Failure to Protect (General), Administrative Exhaustion (PLRA), Grievances, Jury Trial.
- Third Circuit Revives Pennsylvania Prisoner’s Claims Against the State and Wellpath, Dec. 1, 2025. Failure to Treat, Complaints, Americans with Disabilities Act, Rehabilitation Act, Deliberate Indifference.
- Ninth Circuit Finds No Bivens Extension Needed for Federal Prisoner Prescribed Water and Exercise for Thyroid Storms, Nov. 1, 2025. Systemic Medical Neglect, Administrative Exhaustion (PLRA), Civil Rights Actions or Offenses/Bivens Actions, Deliberate Indifference, Prison Litigation Reform Act (PLRA).
- California’s Attorney General Is Suing Los Angeles County Jails Over “Inhumane Conditions”, Nov. 1, 2025. Jail Misconduct, Totality of Conditions, Food, Overcrowding, Exposure to Cold, Plumbing, Sewage, Sanitation, Hygiene Supplies, Vermin, Exposure to Heat, Guard Brutality/Beatings, Complaints, Consent Decrees, Failure to Treat (Mental Illness).
- Appeals Court Allows Illinois Prisoner’s Suit for Failure to Exhaust Administrative Remedies, Nov. 1, 2025. Failure to Treat, Administrative Exhaustion (PLRA), Summary Judgment, 42 U.S. Code § 1983, civil action for deprivation of rights, Hearsay Evidence/Exceptions.
- Appeals Court Rules Michigan’s Tolling Provision Is Not Inconsistent with the PLRA, Nov. 1, 2025. Administrative Exhaustion (PLRA), Limitations, 42 U.S. Code § 1983, civil action for deprivation of rights, Tolling of Statutes of Limitations and Laches.

