×
You've used up your 3 free articles for this month. Subscribe today.
Sixth Circuit Reverses Dismissal of Suit Due to Non-Exhaustion and Statute of Limitations
Loaded on July 15, 2013
published in Prison Legal News
July, 2013, page 18
The Sixth Circuit Court of Appeals reversed a lower court's summary judgment order that erroneously dismissed a Michigan prisoner's lawsuit for non-exhaustion and because it was time-barred.
Filed under:
Administrative Exhaustion (PLRA),
Court Access,
Legal Property,
Limitations.
Location:
Michigan.
On November 30, 2005, Michigan state prisoner Samuel Surles filed suit in federal court, alleging that prison officials at the Gus Harrison Correctional ...
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:
- Arizona Prison System Plagued by Politics, Privatization and Prisoner Deaths, by Joe Watson
- Louisiana Supreme Court Rejects Ex Post Facto Challenge in Sex Offender Supervision Case, by Derek Gilna
- Italian Prison Program Trains Female Prisoners in Fashion Industry, by Derek Gilna
- From the Editor, by Paul Wright
- Pennsylvania DOC's Hepatitis C Protocol Challenged in Class-action Lawsuit, by Greg Dober
- Sixth Circuit Reverses Dismissal of Suit Due to Non-Exhaustion and Statute of Limitations
- Sixth Circuit: Failed Cancer Diagnosis Not Deliberately Indifferent
- Sixth Circuit Orders Judgment Against Three Defendants in Prisoner's Retaliation Case
- A Prolonged Stay: The Reasons Behind the Slow Pace of Executions, by Raymond Bonner
- Seventh Circuit: Summary Judgment Partially Reversed in Jail Death Caused by Medication Withdrawal
- Oregon: Post-Escape Conduct Justifies Enhanced Escape Sentence
- Oklahoma Prison Employees Disciplined, by Matthew Clarke
- Valley Fever Declared a Public Health Emergency at Two California Prisons; Court Orders Prisoner Transfers, by John Dannenberg
- Congress Amends PLRA Physical Injury Requirement for Sexual Abuse Cases, by John Boston
- $737,500 Settlement after Seventh Circuit Finds No Qualified Immunity for Prisoner's Suicide
- Tennessee Judge Convicted Following Drug and Sex Scandal
- Ninth Circuit: Enemy Combatant Detention/Torture Not Clearly Established
- Prisoners Respond to Call for Prison Phone Justice; SCI-Huntingdon Delivers!, by Mel Motel
- Illinois: Conditions Lawsuit Filed by Civilly Confined Sex Offenders Dismissed, by Derek Gilna
- Tenth Circuit: No Section 2241 Jurisdiction for BOP Supermax Challenge; Claims Must be Brought as Bivens Action
- Arkansas: Sentencing Court Cannot Order Prison Treatment
- CCA Loses Four Private Prison Contracts in One Month
- California: Eastern District Jury Pool Alleged to be Biased Against Prisoners
- Seventeen Years Pending Re-trial Fails to State Speedy Trial Violation under § 1983
- Collateral Consequences Weighed for Corporations, Not for Individuals, by Russell Mokhiber
- Re-incarceration Not Grounds to Dismiss Wisconsin Civil Commitment Petition
- PLN Files Public Records Suit Against CCA in Vermont
- Some Jails Turning to Video Visitation Only, by Matthew Clarke
- Washington Sex Offender's Conviction for Failure to Report Reversed
- California: Probation Condition Cannot Prohibit Court Access
- Fourth Circuit Reverses Dismissal of Case Challenging Virginia DOC Grooming Policy
- Three New Mexico Jail Guards Convicted of Assault, Obstruction of Justice
- South Carolina Sex Offender Registration Amendment Requires Actual Notice
- Ninth Circuit: Idaho Ordered to Allow Viewing of all Stages of Execution, by David Reutter
- California Guard Fights Prisoner, Faces Charges for Falsifying Reports
- Third Circuit: Prison Officials Liable for Failing to Protect Informant
- Third Circuit Discusses FRCP 17(c) Guardian Appointment; Evidence of Incompetency Requires Sua Sponte Inquiry
- Deadly Prison Fire Kills Hundreds in Honduras
- Former Maryland Governor Acknowledges Politics Behind Life Means Life Policy
- Seventh Circuit Reverses Dismissal of Illinois Prisoner's Lawsuit Related to Shooting
- Former Mississippi Mayor Sent to Prison
- South Dakota Non-profits Lose Cheap Prison Labor, by Derek Gilna
- News in Brief
More from these topics:
- SCOTUS Partially Overturns Pavey, Holds PLRA Exhaustion Dispute Must Go to Jury Even If Intertwined with Merits of Michigan Prisoner’s Claim, Aug. 1, 2025. Administrative Exhaustion (PLRA).
- Sixth Circuit Holds Dismissal Not Automatic When Plaintiff Simultaneously Files Same Claims in State Court, Aug. 1, 2025. Retaliation, Court Access, Grievances, Mail.
- Ninth Circuit: Continuing-Violations Doctrine Applies for PLRA Administrative Exhaustion Purposes, Aug. 1, 2025. Failure to Protect (General), Administrative Exhaustion (PLRA), Grievances, Prison Litigation Reform Act (PLRA).
- Ninth Circuit Revives Prisoner’s Claim Based on Guard’s Thwarting of Administrative Remedies, Aug. 1, 2025. Retaliation for Filing Grievances, Administrative Exhaustion (PLRA), Grievances.
- Sixth Circuit: Michigan Tolling Statute Applies to PLRA Administrative Exhaustion Requirement, July 15, 2025. Retaliation for Litigating, Administrative Exhaustion (PLRA), Tolling of Statutes of Limitations and Laches.
- Eighth Circuit Excuses Missouri Prisoner’s Failure to Exhaust Remedies While He Was In a Coma, June 1, 2025. Systemic Medical Neglect, Administrative Exhaustion (PLRA).
- Study Finds Just 1% of Prisoner’s Eighth Amendment Claims Succeed, May 1, 2025. Retaliation for Filing Grievances, Systemic Medical Neglect, Eighth Amendment, Administrative Exhaustion (PLRA), Cruel and Unusual Punishment.
- Ninth Circuit Grants Stay and Abeyance of Federal Habeas Petition to Allow Petitioner to Exhaust State Remedies, April 15, 2025. Administrative Exhaustion (PLRA), Habeas Corpus, AEDPA, Amendments to Petition.
- Tenth Circuit Stretches PLRA to Deny Claim of Colorado Prisoner Shot by Guard While Shackled, April 1, 2025. Administrative Exhaustion (PLRA), Shootings.
- Fourth Circuit Excuses Maryland Prisoner From Exhaustion Requirement in PREA Claim, April 1, 2025. Administrative Exhaustion (PLRA), Prison Rape Elimination Act.

