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PLRA’s Administrative Remedies Requirement Tolls Limitations Time but Not Accrual Time

Loaded on Sept. 5, 2018 by David Reutter published in Prison Legal News September, 2018, page 54
Filed under: Staff-Prisoner Assault, Administrative Exhaustion (PLRA), Pepper Spray/Tear Gas, Limitations, Grievances. Location: Arizona.

by David Reutter

In February 2018, the Ninth Circuit Court of Appeals held that the Prison Litigation Reform Act’s administrative exhaustion requirement justifies the tolling of the statute of limitations, but not the creation of a new accrual time.

Arizona prisoner Angel Soto filed suit over an April 2010 incident ...

 

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More from this issue:

  1. Solitary Instead of Treatment of Mentally Ill Prisoner Costs New Mexico Jail $2 Million, by R. Bailey
  2. Sixth Circuit: § 1983 Actions Classified as Personal Injury Claims, by David Reutter
  3. Family of Deceased Colorado Prisoner Accepts Settlement for $5.3 Million, New Policies, by Edward Lyon
  4. South Dakota Prisoner Fights Porn Ban in Federal Court, by Edward Lyon
  5. PLRA’s Administrative Remedies Requirement Tolls Limitations Time but Not Accrual Time, by David Reutter
  6. Jail’s Failure to Protect Juvenile from Sexual Assault Supports $25,000 Verdict, by David Reutter
  7. Jury Awards Federal Prisoner $675,000 in Retaliation, Excessive Force Bivens Case, by Jeremy Pinson
  8. Lawsuit Alleges Texas County Jailers Beat, Paralyzed Prisoner, by Matthew Clarke
  9. Study Finds Wrongful Convictions in 11.6 Percent of Sexual Assault Cases from Pre-DNA Testing Era
  10. Prison Grievance Coordinator’s Responses Rendered Administrative Remedies Unavailable, by David Reutter
  11. With Help from ACLU, Parolee Wins $10,000 Settlement Plus $100,000 in Attorney Fees, by Derek Gilna
  12. Texas Settles Suit Over Rape and Beating of Transgender Prisoner
  13. With 27 Percent Unemployment, Jobs Crisis Hits Ex-prisoners the Hardest, by Steve Horn
  14. Maine: Superior Court’s Dismissal for Lack of Jurisdiction Not Supported by the Record, by Dale Chappell
  15. Canadian Woman Wins Settlement for Death of Son Born in Jail, by Derek Gilna
  16. New Orleans Parish Court System has Unconstitutional Funding Practices, by David Reutter
  17. NC Escape Attempt that Left Four Dead Leads to Reforms, Increased Punishment
  18. Mother of Prisoner Who Died at Texarkana Jail Challenges $200,000 Settlement; Nurse Pleads Guilty, by Matthew Clarke
  19. Privacy Interests Outweigh Public Interest in Disclosure of AUSA Termination Letter, by David Reutter
  20. New Rule Sparks Uprising at California Sex Offender Civil Commitment Facility, by Matthew Clarke
  21. Private Prison Operator Emerald Corrections Out of Business, by Steve Horn
  22. Two Chicago Prisoners, Released Due to Police Misconduct, Seized by ICE, by Derek Gilna
  23. $55,000 Settlement in Rape of Missouri Jail Prisoner
  24. Texas Uses Failed Private Prison to Hold Civilly Committed Sex Offenders, by Matthew Clarke
  25. Ohio Settles Suit Over Sexual Assault of Prisoner for $525,000, by Matthew Clarke
  26. Nevada County Settles Lawsuit Over Jail Prisoner’s Death for $500,000, by Matthew Clarke
  27. Federal Judge Voids Contract Between Death Row Exoneree and Attorney, by David Reutter
  28. Fifth Circuit Reverses Dismissal of Federal Prisoner’s Retaliation, Conspiracy Claims, by Matthew Clarke
  29. Despite Lack of FCC Action, States Can Still Make Prison and Jail Calls Affordable, by Dale Chappell
  30. Georgia Medical Prison Rife with Dysfunction, Abuse and Dilapidated Conditions, by David Reutter
  31. Controversy in Utah Over Jail Deaths and Secret Jail Operating Standards, by Matthew Clarke
  32. Dozens of Lawsuits Against Correct Care Solutions for Sometimes Fatal Denial of Medical Treatment, by Matthew Clarke
  33. Los Angeles County Settles Lawsuit over Jail Prisoner’s Suicide for $1.7 Million, by Matthew Clarke
  34. Lake County, Indiana Establishes $8.2 Million Bond to Settle Jail Lawsuits
  35. Former Mexican Mafia General Turned Informant Receives $25,000 from GEO Group, 20 Years in Prison from Feds, by Matthew Clarke
  36. Minnesota Prisoner Wins Reprieve from Jail Debt in Federal Court, by Edward Lyon
  37. Virginia Prisoner Defeats Summary Judgment, Settles Religious Diet Case, by Edward Lyon
  38. Top Federal Death Penalty Lawyer Demoted, Reassigned, by Christopher Zoukis
  39. Protesters Blockade CoreCivic Headquarters in Nashville; 19 Arrests
  40. Washington Prisoner Has First Amendment Right to Threaten to File Suit, by Derek Gilna
  41. Colorado County Settles Lawsuit Over Jail Prisoner’s Death for $3.5 Million, by Matthew Clarke
  42. HRDC Files Suit Against FDOC Over Mentally Ill Prisoner’s Starvation Death
  43. Ohio City, Medical Center Settle Lawsuit Over Jail Prisoner’s Death for $210,000, by Matthew Clarke
  44. Federal Court Issues Injunction Over Conditions on Virginia’s Death Row, by Matthew Clarke
  45. Some Arizona Prison Logs Show Temperatures up to 119 Degrees; Others Falsified, by Matthew Clarke
  46. New CNN Film, “American Jail,” Shows How the Poor Get – and Stay – Incarcerated, by Steve Horn
  47. Illinois: $4.75 Million Settlement in Jail Seizure Injury Case, by David Reutter
  48. Oklahoma Prisoners, Advocacy Group File Short-lived Lawsuit Alleging Corruption, by Matthew Clarke
  49. California Supreme Court Modifies Settlement to Revise Parole Process, by Derek Gilna
  50. Florida Board Rules Convicted Prison Guard Can’t Collect Retirement Benefits, by Monte McCoin
  51. JPay Vulnerability Exploited by Idaho Prisoners for $225,000 in Credits, by Steve Horn
  52. Lawsuit, Ballot Initiative Seek to Reform Felon Disenfranchisement in Florida, by David Reutter
  53. Pennsylvania: Class-action Suit Against USP Lewisburg Reinstated, by Derek Gilna
  54. From the Editor, by Paul Wright
  55. Rikers Island Beat Down Suit Settles for $165,000, but Victim Won’t See a Penny, by Christopher Zoukis
  56. News in Brief
  57. At the Federal Supermax, When Does Isolation Become Torture?, by Alan Prendergast

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