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Seventh Circuit Excuses Exhaustion Requirement for Spanish-Speaking Prisoner
by Derek Gilna
The Seventh Circuit Court of Appeals has reversed the dismissal of an Illinois state prisoner’s 42 U.S.C. § 1983 suit for failure to exhaust administrative remedies as required by the Prison Litigation Reform Act (PLRA), based on the fact that as a Spanish-speaker he did not understand ...
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More from this issue:
- News in Brief
- Executive Order Prompts BOP to Expand Prison Apprenticeship Programs, by Dale Chappell
- Fourth Circuit: BOP Must Consider State Court’s Designation to Serve Concurrent Federal Sentence
- Hedge Fund Pumps More Money into Corizon Health
- “Prisoner of Weed” Released, Sets Sights on Criminal Justice Reform, by Dale Chappell
- CoreCivic Bilked Rural Oklahoma Town, Forced to Pay Back Money in Lawsuit, by Steve Horn
- Kentucky Jailer Gets New Trial in Beating of Pretrial Detainee
- Maine Prisoner’s Challenge to Confiscation of Funds States Declaratory Judgment Claim, by David Reutter
- Colorado Voters Approve Constitutional Amendment Abolishing Prison Slavery, by Matthew Clarke
- Settlement in Lawsuit Against Missouri DOC’s Selection of Execution Witnesses, by Kevin Bliss
- New York Criminal Defense Attorney Charged with Federal Crimes, by Chad Marks
- Prisoner Who Inspired First Step Act Is First Released, by Kevin W. Bliss
- Reports Cite Poor Leadership in U.S. Marshals Service, by Edward Lyon
- Long-Term Illinois Prisoners Rarely Released by State Parole Board, by Rick Anderson
- North Carolina Prison Guard Sues Over Religious Discrimination, by Monte McCoin
- Voters Consider Criminal Justice-Related Issues in Midterm Elections, by Steve Horn
- California Prison Psychologist Blows Whistle on LGBTQ Harassment, Settles Lawsuit for Retaliation, by Dale Chappell
- Grandmother Arrested and Mocked by Federal Agents Awarded $55,000 Settlement, by Chad Marks
- LA County Jail Guards’ Conviction for Assaulting Visitor Upheld, by David Reutter
- Arkansas DOC Director’s Sole Discretion to Determine Competency for Execution Violates Due Process, by Mark Wilson
- Wisconsin Federal Court Denies New Trial, Grants Attorney Fees in Sexual Abuse Case
- $150,000 Settlement after Michigan DOC Discriminates Against HIV Positive Prisoner, by Kevin Bliss
- Federal Court Certifies Class in Ohio County Jail Debit Card Case, by Chad Marks
- Seventh Circuit Vacates, Remands Punitive Damages Award Against Wexford, by Derek Gilna
- Tenth Circuit: Qualified Immunity Defeats 22-Year Solitary Confinement Claims, by Mark Wilson
- Alaska Disciplinary Order Vacated for Violating Wolff’s Statement of Reasons Requirement, by Mark Wilson
- No Summary Judgment for Jail’s Denial of Mental Health Treatment; $150,000 Settlement, by Mark Wilson
- Closed Since 2013, Tamms Prison Now “Rampant” with Mold, by Matthew Clarke
- Female Prisoner Wore Wire to Take Down Rikers Island Guards, Wins $425,000 Settlement, by Rick Anderson
- Counties Modify, Cancel Contracts for Privately Operated Immigration Detention Centers, by Matthew Clarke
- Two Transgender Prisoners Transferred to Women’s Prison, by Matthew Clarke
- Ohio Governor Commutes Death Sentences, Grants Reprieves for Another, by Edward Lyon
- HRDC Settles Lawsuit Against Mississippi Jail that Only Allowed Religious Reading Materials
- Report Released on Deaths in Utah Prisons and Jails, by Edward Lyon
- Indiana Prisoners Win Partial Summary Judgment in Jail Conditions Case, by Edward Lyon
- Free Phone Calls for Juvenile Offenders Jailed in Memphis, Tennessee, by Kevin W. Bliss
- Seventh Circuit Excuses Exhaustion Requirement for Spanish-Speaking Prisoner, by Derek Gilna
- Connecticut Prisoner Survives DOC’s Summary Judgment Motion in Mental Health Suit, by Edward Lyon
- Santa Clara County Settles Lawsuit, Makes Jails Handicapped Accessible, by Steve Horn
- Illinois DOC Permanently Enjoined From Neglecting Prisoners’ Mental Health, by Derek Gilna
- Idaho Supreme Court Vacates Conviction After D.A. Seizes Jailed Defendant’s Legal Notes, by Matthew Clarke
- JP Morgan Chase Bank Used Secretive Bonds to Finance Kansas Prison Construction, by Matthew Clarke
- Israeli Supreme Court Orders Increased Personal Space for Prisoners, by Monte McCoin
- Eighteen Years After its Passage, Prisons and Jails Continue to Violate RLUIPA, by Derek Gilna
- Alabama Prison Warden Lacks Authority to Make End-of-Life Decisions for Prisoners
- $100,000 Settlement for Preventable Suicide in Virginia Department of Corrections, by Kevin W. Bliss
- In Memoriam: Jane Kahn (1954-2018), by Paul Wright
- Report Shows 50 New York Prisoners Died from Inadequate Medical Care in Last Five Years, by Dale Chappell
- Washington County, School District Pay $265,000 for Holding Juveniles in Solitary, by Dale Chappell
- Fifth Circuit Holds Magistrate Judge Has No Authority to Deem Motion for Reconsideration Withdrawn, by Matthew Clarke
- County Detainees Protest Food Served at New Hampshire Jail, by Kevin W. Bliss
- Philadelphia Robbing the Poor Through Civil Forfeiture, by Edward Lyon
- Eighth Circuit Finds Verified Complaint Defeats Summary Judgment Motion in Failure-to-Protect Case, by Matthew Clarke
- New Sheriff Ends Juvenile Solitary Confinement at North Carolina Jail, by Kevin W. Bliss
- Missouri Prisoner Awarded $111,000 in Second-Hand Smoke Case, DOC Bans Smoking, by Derek Gilna
- Sixth Circuit Reverses Injunction Against Delousing and Group Strip Searches at Ohio Jail, by Derek Gilna
- Since 1996, U.S. Agriculture Department Gave Over $277 Million to Fund Local Jail Construction, by Brian Sonenstein
- Without Interpreters, California’s Deaf Prisoners are Getting Stuck Behind Bars, by Samantha Michaels
- U.S. Marshals Report: Ohio County Jail “One of the Worst in the Country”, by Matthew Clarke
- Texas Accounts for Over Ten Percent of Nation’s Jail Deaths, by Matthew Clarke
- From the Editor, by Paul Wright
- Seventh Circuit Reverses Dismissal of Juvenile Prisoners’ Civil Rights Case, by Derek Gilna
- The Kill Line, by Will Tucker
More from Derek Gilna:
- Federal Judge in Louisiana Issues Sweeping Opinion Finding Numerous Eighth Amendment, ADA and RA Violations at Angola, April 1, 2022
- Human Rights Defense Center Prevails in Censorship Lawsuit Against Napa County Jail, California, Sept. 1, 2021
- California State Auditor’s Report Faults Counties for Waste and Poor Oversight of State Funds Used in “Public Safety Realignment”, Sept. 1, 2021
- The Fight Over Cellphones in Prisons Rages On, Sept. 1, 2021
- District Court Extends Armstrong Order to Five Additional California Prisons, Sept. 1, 2021
- HRDC Settles Censorship Lawsuit with Johnson County, Kansas Jail for $50,000 and Policy Changes, Aug. 1, 2021
- Virginia Prosecutors to Dismiss 400 Drug Convictions Tied to Disgraced Cop, July 15, 2021
- Discredited New York Police Detective’s False Testimony Causes the Dismissal of Close to 100 Drug Convictions, June 15, 2021
- D.C. Department of Forensic Sciences Firearms Examination Unit Under Fire, April 15, 2021
- Mississippi Joins Illinois and Few Other States Prioritizing Vaccination of State Prisoners to Slow Spread of COVID-19, April 1, 2021
More from these topics:
- Eleventh Circuit Calls Georgia Prisoner’s Dismissed Suit Outside PLRA “Strike Zone”, April 1, 2024. Administrative Exhaustion (PLRA), Three Strike Litigants.
- Finding Indiana Grievance Process “Unavailable,” Federal Judge Grants Summary Judgment to 22 Prisoners on Same Day, April 1, 2024. PLRA, Administrative Exhaustion (PLRA), Prison Litigation Reform Act (PLRA).
- Muslim Florida Prisoner Awarded Permanent Injunction to Grow Untrimmed Beard, March 1, 2024. Administrative Exhaustion (PLRA), Injunctions, RLUIPA, Religious Land Use and Institutionalized Persons Act (RLUIPA), Right to Grow a Beard.
- Sixth Circuit Revives Suit by Pregnant Mentally Ill Michigan Detainee Allegedly Kicked in Her Womb by Jail Guard, Losing Baby, Feb. 1, 2024. Administrative Exhaustion (PLRA), Guard Brutality/Beatings, Excessive Force (Wrongful Death), Failure to Treat (Mental Illness).
- Second Circuit Revives N.Y. Prisoner’s Suit Over Sing Sing Fire, 11 Other Prisoners Split $220,000 Settlement, Jan. 1, 2024. Failure to Protect (General), Fire Hazards, Administrative Exhaustion (PLRA), Summary Judgment, Evidentiary Ruling, Administrative Exhaustion.
- Misadventures in Mail Censorship, Jan. 1, 2024. Administrative Exhaustion (PLRA), Grievances, Mail, Publications/Books, Mail Regulations, Due Process, Censorship, Prison Regulations.
- Florida Prisoners Not Required to File Rulemaking Petition to Satisfy PLRA Exhaustion Requirement, Jan. 1, 2024. Administrative Exhaustion (PLRA), Administrative Exhaustion, RLUIPA, Administrative Procedures Act (State), Right to Grow a Beard.
- Eighth Circuit Says Arkansas Prisoner’s Medical Incapacity May Excuse PLRA Exhaustion Failure, Jan. 1, 2024. Prisoner-Prisoner Assault, Failure to Protect (General), Administrative Exhaustion (PLRA), Grievances.
- Fourth Circuit Reinstates North Carolina Prisoner’s Suit, Finding Grievance Procedure Availability an Open Question, Oct. 15, 2023. Administrative Exhaustion (PLRA), Grievances.
- Seventh Circuit: Cook County Jail Grievance Procedure An “Incomprehensible Trap”, Aug. 15, 2023. Administrative Exhaustion (PLRA), Grievances.