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Fifth Circuit Holds Prison Officials Need Not be Named in Grievances
Loaded on Jan. 10, 2015
by Matthew Clarke
published in Prison Legal News
January, 2015, page 54
Filed under:
Administrative Exhaustion (PLRA),
Administrative Exhaustion.
Fifth Circuit Holds Prison Officials Need Not be Named in Grievances
by Matt Clarke
On November 15, 2013, in an unpublished decision, the Fifth Circuit Court of Appeals reversed the summary dismissal of a Texas prisoner’s civil rights action, holding that he did not have to name …
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More from this issue:
- When Halfway Houses Pose Full-Time Problems, by Derek Gilna
- Prison Legal News Prevails in Tennessee Public Records Suit in Spite of Sheriff’s Antics
- “Ban the Box” Campaigns Seek to End Discrimination Against Formerly Incarcerated College Applicants, by Victoria Law
- Pennsylvania’s Megan’s Law Struck Down, Some Prisoners Released, by David Reutter
- Colorado Prisoner Sues Security Guard Who Sexually Abused Her Moments after Giving Birth
- News in Brief
- Florida Supreme Court: Review of Parole Commission Revocation Order Limited, by David Reutter
- Fifth Circuit Holds Prison Officials Need Not be Named in Grievances, by Matthew Clarke
- Georgia: Mandamus Available to Compel Law Library Access, by David Reutter
- Malpractice Suit Proceeds against Michigan Defense Attorney in Wrongful Conviction Case, by David Reutter
- The Globalization of Supermax Prisons, edited by Jeffrey Ian Ross (Rutgers University Press, 2013). 240 pages, $28.95 paperback, by Gary Hunter
- Jail Closes “God Pod,” Agrees to Accommodate Muslim Prisoners
- California Parole Term Not Shortened by Improper Parole Denial, by Mark Wilson
- Introduction of Nolo Plea to Challenge Prisoner’s Credibility was Error, by David Reutter
- Ohio DOC Director Wants Return to Stricter Law after 2012 Spike in Positive Drug Tests
- Florida Court of Appeals: Prison Guards Can Raise “Stand Your Ground” Defense, by Matthew Clarke
- Fifth Circuit: Sleep Deprivation May Violate Eighth Amendment, by Matthew Clarke
- West Virginia Public Defender Disbarred for Child Prostitution “Hoax”
- $145,000 Settlement for U.S. Citizen Held on Immigration Detainer due to Racial Profiling
- Prisoner’s Request for Medical Care after Signing Refusal Form Precludes Summary Judgment, by David Reutter
- Investigation Finds that Money Stolen from Oregon Prison Wasn’t Really Stolen, by Joe Watson
- America’s Prisons: A Road to Nowhere, by Ben Notterman
- RLUIPA Explained in Tenth Circuit Decision re Denial of Sweat Lodge Access, by David Reutter
- Consent Decree and Remedial Plan End Lawsuit Challenging Conditions in Illinois Juvenile Facilities, by Matthew Clarke
- Tennessee Man Sues for Placement in Women’s Facility for Three Years
- Tenth Circuit: No Qualified Immunity for Juvenile Restraint Chair Punishment, by Mark Wilson
- CCA Board Member Steps Down from Open Government Organization
- Virginia Prison’s Policy Requiring Physical Indicia of Faith for Religious Sincerity Held Unconstitutional; Suit Settles for $3,795, by David Reutter
- Florida Death Row Prisoner Entitled to Prison and Medical Records, by David Reutter
- State Appellate Costs Improper on Washington PRP Dismissal, by Mark Wilson
- Texas Prison Population Drops as Guard Shortage Persists, by Matthew Clarke
- Federal Court Orders Colorado to Provide Outdoor Recreation to Supermax Prisoner, by Matthew Clarke
- Admission of Jail Disciplinary Records at Criminal Trial May Violate Confrontation Clause, by David Reutter
- Oklahoma Supreme Court Remands Consolidated Sex Offender Registration Case, by Shepherd Litsey
- From the Editor, by Paul Wright
- Controversy, Criticism Plague Brooklyn Halfway House, by Derek Gilna
More from Matthew Clarke:
- Dissenter Excoriates SCOTUS for Denying Certiorari in Challenge to Constitutionality of Nitrogen Hypoxia Execution, Feb. 1, 2026
- D.C. Federal Court Holds Blocking Prison Reform Advocate’s Access to Federal Prisoners May Violate First Amendment and Due Process, Feb. 1, 2026
- Eleventh Circuit Holds Estate Cannot Sue Jailers Who Followed Medical Personnel Advice That Led to Detainee’s Death, Feb. 1, 2026
- Sixth Circuit Reinstates Lawsuit Over Failure to Properly Classify Violent Prisoners at Kentucky Jail, Feb. 1, 2026
- Eleventh Circuit Holds Alabama County May Be Liable for Policy of Providing Inadequate Jail Medical Care, Feb. 1, 2026
- Tenth Circuit Reverses Summary Dismissal of Claim Over Prisoner’s Suicide in Oklahoma Jail, Feb. 1, 2026
- Deportation of Kenyan Priest Working as Texas Prison Guard Highlights TDCJ’s Dependence on Immigrant Staff, Feb. 1, 2026
- Ninth Circuit Reinstates Wheelchair-Bound Washington State Prisoner’s Suit Over Failure to Accommodate Disabilities During Transport, Feb. 1, 2026
- Massachusetts Supreme Judicial Court Announces Adoption of Transferred Intent Self-Defense, Jan. 1, 2026
- Eleventh Circuit Upholds Dismissal of Six Female Alabama Jail Detainees’ Sexual Assault Suit, Jan. 1, 2026
More from these topics:
- U.S. District Court in Arizona Grants Summary Judgment in Favor of Prisoner Denial of Forms for Challenging 455 Days of Solitary, Jan. 1, 2026. Totality of Conditions, Administrative Exhaustion (PLRA), Control Units/SHU/Solitary Confinement, Chemical Spraying of Mentally Ill Inmates, Deliberate Indifference.
- 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.
- 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).
- 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.
- 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).
- 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.