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Judge May Resolve Exhaustion Issue; No Policy on Grievance Non-decisions Means Remedies Unavailable

Loaded on July 10, 2014 by David Reutter published in Prison Legal News July, 2014, page 42
Filed under: Administrative Exhaustion (PLRA), Grievances. Location: New Jersey.

Judge May Resolve Exhaustion Issue; No Policy on Grievance Non-decisions Means Remedies Unavailable

by David Reutter

The Third Circuit Court of Appeals held on August 26, 2013 that a judge may resolve factual disputes relevant to the exhaustion of administrative remedies without the participation of a jury. It also held ...

 

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More from this issue:

  1. Update on PLN Suit Against Nevada DOC
  2. Seventh Circuit: No Qualified Immunity for Diabetic Detainee’s Death, by Mark Wilson
  3. SEC Rejects CCA, GEO Group Shareholder Resolutions to Reduce Prison Phone Rates
  4. Administrators Fired at Privately-Run Texas Jail
  5. Systemic Changes Follow Murder of Colorado Prison Director, by John Dannenberg
  6. Prison Closures Cause Economic Turmoil
  7. Do Faith-Based Prisons Work?, by Alexander Volokh
  8. North Carolina Repeals Racial Justice Law
  9. North Carolina: Hundreds of Federal Prisoners Legally Innocent, Some Still Incarcerated, by Derek Gilna
  10. Seventh Circuit Admits Prisoner is Right but Denies Relief, Suggests Clemency
  11. New York Prisoner Awarded Sanctions for Spoliation of Evidence; Case Settles for $500,000, by Mark Wilson
  12. Judge May Resolve Exhaustion Issue; No Policy on Grievance Non-decisions Means Remedies Unavailable, by David Reutter
  13. Seventh Circuit Reverses Summary Judgment in Dental Care Suit, by David Reutter
  14. Prison Officials Liable for Private Employer ADA Violations, by Mark Wilson
  15. Habeas Petitioner Cannot Avoid Payment of Appellate Filing Fees, by Michael Brodheim
  16. Oregon Victim’s Right to Restitution Survives Prosecutor’s Statutory Violation, by Mark Wilson
  17. England, Increasing Number of States Allow Same-Sex Prisoner Marriages or Civil Unions
  18. Illinois $50 State’s Attorney Fee Applies Only to Habeas Proceedings, by Mark Wilson
  19. Flimsy Reasons for Prolonged, Frequent Lockdowns State Eighth Amendment Claim, by David Reutter
  20. BOP Grievance System Contributes to “Compliance or Defiance” by Prisoners, by Derek Gilna
  21. New York Jail Guard Sentenced for Sexually Abusing Seven Prisoners
  22. Brady Violations Result in Habeas Relief for Pennsylvania Death Row Prisoner, by David Reutter
  23. Kentucky Prisoner’s Due Process Rights Violated in Disciplinary Hearing, by Robert Warlick
  24. Jury’s Tasteless Gag Gifts to Judge and Bailiff Fail to Demonstrate Unfair Trial
  25. Prison Industries in India Compete in Open Market
  26. Visitors Fingerprinted at Alabama Prisons
  27. Two Murders in Seven Months at CCA-run Prison in Tennessee
  28. Decline in Arrests of Los Angeles County Probation Officers
  29. Louisiana Public Service Commission Considers Prison Phone Issues
  30. Ninth Circuit: Damages Required for Compelled Religious-Based Treatment, by Mark Wilson
  31. Eighth Circuit: No Qualified Immunity for Detainee’s Overdose Death, by Mark Wilson
  32. Prisoners Unlikely to Benefit from New, Highly Effective Hepatitis C Treatment, by Greg Dober
  33. Oregon Parole Board: “Don’t Have to Explain Nothing to Nobody”
  34. Preliminary Injunction Entered in PLN Censorship Suit Against Ventura County, California
  35. Bonnie Kerness: Pioneer in the Struggle Against Solitary Confinement, by Lance Tapley
  36. From the Editor, by Paul Wright
  37. News in Brief
  38. Two Corrections Chiefs Serve Time in Segregation, by Christopher Zoukis

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