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Ninth Circuit: Prisoner Filing a New Grievance That Makes New Claims Does Not Render Previous Grievance ‘Unexhausted’
by David M. Reutter
In May 2022, after a ruling in his favor by the U.S. Court of Appeals for the Ninth Circuit, a former California prisoner accepted a settlement over an alleged assault by guards at Mule Creek State Prison. Importantly, the Court’s ruling held that a grievance alleging ...
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More from this issue:
- ‘Plainly Grossly Inadequate’: Federal Court Finds Arizona Prison Healthcare Deliberately Indifferent to Prisoners’ Risk of Serious Harm, by Matthew Clarke
- Settlement Extended Again After Federal Judge Faults California Prisons for Using Snitches in Solitary and Parole Procedures, by Jacob Barrett
- From the Editor, by Paul Wright
- Oregon Supreme Court Holds Corizon Health and Other Jail Contractors Liable Under State Disability Rights Laws, by Mark Wilson
- Colorado Prisoner Targeted by Gangs Wins Injunction for Placement in Protective Custody, by David Reutter
- Eighth Circuit Strands Missouri Prisoners Sentenced to Life Without Parole as Juveniles in ‘Opaque’ Review Process, by Douglas Ankney
- Cages in the Coalfields, by Judah Schept
- Eleventh Circuit Says No PLRA ‘Strike’ for Dismissal of Case Removed From State to Federal Court, by David Reutter
- Federal Judge Says Alaska DOC Policy Rejecting Prisoner Mail Without Notice Violates Due Process, by Mark Wilson
- Eighth Circuit Says Judge Dismissing Claim of Federal Prisoner in Arkansas Was Premature in Counting It a PLRA ‘Strike’, by Matthew Clarke
- North Carolina Prisoners Languish Without Air Conditioning, by Kevin Bliss
- Ninth Circuit Tells Nevada DOC: ‘Wait and See’ Prisoner Medical Care Can’t Become ‘Deny and Delay’, by David Reutter
- Class Certified in ‘Orange Crush’ Shakedown Lawsuit by Illinois Prisoners, by David Reutter
- $2.57 Million Settlement for Hogtying Death in NC Police Custody, by Eike Blohm, MD
- Pennsylvania County Retakes Control of Jail From GEO Group, by Keith Sanders
- Fourteen Officials Indicted in New Jersey Women’s Prison Abuse Scandal, $21 Million Class-Action Settlement Reached, by Ashleigh Dye
- Prisoners Awarded Damages for Denial of Public Records by Ohio Prison Officials, by David Reutter
- Tenth Circuit Revives Suit Against Colorado Jail Guard in Death of Mentally Disabled Detainee, by David Reutter
- California Pays $3.5 Million to Settle Suit Over State Prisoner’s Murder, by Ashleigh Dye
- LGBTQ Adults and Youth Face Criminalization and Over-Incarceration, by Jacob Barrett
- Former South Carolina Deputy Gets 18 Years for Driving Transport Van With Two Detainees Into Flood, Drowning Them, by Ashleigh Dye
- $54,000 Award for Georgia Prisoner in Failure-To-Protect Lawsuit, by David Reutter
- Excess Prisoner-Made Hand Sanitizer Costing N.Y. Taxpayers Millions to Dispose Of, by David Reutter
- After Sixth Circuit Stops Attempted End-Run Around Rules, Former Kentucky Jail Detainee Settles Suit Against Southern Health Partners, by Kevin Bliss
- CDCR’s Medication Assisted Treatment Program for Substance Abusers is a Resounding Success, by Matthew Clarke
- New Policy Banning Care Packages Makes Life Harder for N.Y. Prisoners, by Jayson Hawkins
- Former Deputy Warden Gets Two Years for Assaulting Mississippi Prisoner, by Kevin Bliss
- New York City Jails Admit Illegally Recording Over 2,200 Attorney-Client Phone Calls, by Anthony Accurso
- South Carolina Death Row Doctor Breaks Silence About Years of Executions, by Ashleigh Dye
- Texas Commission on Jail Standards Finds Unacceptable Conditions in Nueces County Jail, by Benjamin Tschirhart
- Texas Prisoner Killed After Wounding Guard in Escape and Killing Family While on the Run, by Matthew Clarke
- Disgraced Virginia Sheriff Gets 12 Years for Bribery and Corruption, by Ashleigh Dye
- Idaho Lowers Cloak of Darkness Over Execution Protocols, by Douglas Ankney
- Ninth Circuit Denies Qualified Immunity to Doctor and Nurses at California Jail Who Treated Detainee’s Ruptured Aorta With Pepto Bismol, by David Reutter
- ‘Good Time’ Credit Policy Wrongly Under Attack in Alabama, by Jo Ellen Nott
- ACH Settles After Federal Jury Awards $8.5 Million in Suit Over Missouri Detainee’s Death, by Benjamin Tschirhart
- Nevada Supreme Court: DOC Owes Parolee Credit for Any Days Over 60 Awaiting Revocation in Prison, by Matthew Clarke
- Ninth Circuit: Prisoner Filing a New Grievance That Makes New Claims Does Not Render Previous Grievance ‘Unexhausted’, by David Reutter
- $3.7 Million in Attorney Fees Paid to Settle COVID-19 Class-Action at Orange County Jail, by Jacob Barrett
- Federal Jury Awards $30,501 to Indiana Prisoner in Retaliation Lawsuit, by David Reutter
- Federal Government Pays $300,000 for Endangering Diabetic Prisoner With ‘Dramatically’ Subpar Care, by Benjamin Tschirhart
- Arkansas Supreme Court Rules Felony Enhancements Subject to Parole Eligibility Statute in Place at Time of Crime, by Jacob Barrett
- COVID-19 Stimulus Garnished From Federal Prisoner, but Only After Eighth Circuit Says ‘Not So Fast’, by David Reutter
- Ninth Circuit: New Suit Not Required After Curing Failure to Exhaust Administrative Remedies, by David Reutter
- Third Guilty Plea Entered in Massive Aryan Brotherhood Drug Conspiracy in California Prisons, by Jo Ellen Nott
- Settlement Reached in COVID-19 Class Action Against DC Jail, by Jayson Hawkins, Kevin Bliss
- News in Brief
More from David Reutter:
- California Court of Appeal: Petitioner Has Constitutional Right to Be Present at Evidentiary Hearing Under Felony Murder Resentencing Law, May 15, 2024
- Seventh Circuit Grants Qualified Immunity to Illinois Jail Guards Who Relied on Nurse’s Opinion that Detainee Was “Faking” Symptoms Before He Died, April 26, 2024
- $155 Million Settlement for 10,000 California Prison Guard Supervisors in Wage Lawsuit, April 26, 2024
- Eighth Circuit: Arkansas Detainee Suffering Fatal Seizure Might Have Been Faking or Might Have Gotten Better, April 26, 2024
- Suit Proceeds Against CoreCivic by Guard Strip-Searched at Georgia Prison, April 26, 2024
- $1.4 Million Verdict for Florida Jail Guard Injured in Transport Van Crash, April 26, 2024
- Unable to Post Bail, Detainee Starves to Death in Arkansas Jail, April 26, 2024
- Florida Supreme Court Bans ‘Vexatious’ Prisoner From Filing Further Pro Se Petitions, April 26, 2024
- Eleventh Circuit: “More than Gross Negligence” Required to Prove Deliberate Indifference, April 26, 2024
- Electronic Monitoring: An Alternative to Incarceration or a Troubling Extension of Punishment?, April 15, 2024
More from these topics:
- Florida Supreme Court Bans ‘Vexatious’ Prisoner From Filing Further Pro Se Petitions, April 26, 2024. State Law Claims, Frivolous Litigation.
- Eleventh Circuit Calls Georgia Prisoner’s Dismissed Suit Outside PLRA “Strike Zone”, April 1, 2024. Administrative Exhaustion (PLRA), Three Strike Litigants.
- Sixth Circuit Refuses Michigan Prisoner’s Excessive Force Claim Despite Guard’s Conviction for Battery, April 1, 2024. Jail Misconduct, Eighth Amendment, Guard Brutality/Beatings, State Law Claims, Immunity - Absolute and Qualified.
- 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.
- Commissary and Food Service Privatization Strands Florida Prisoners in ‘Food Desert’, Feb. 1, 2024. Private Prisons, Food/Commissary (Private Prisons), PRIDE, Aramark, Food, State Law Claims, Trust Accounts, Commissary.
- First Prisoners Released Two Years After Illinois Passed Law to Revisit Excessive Sentences, Feb. 1, 2024. State Law Claims, Resentencing.
- 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).
- Third Circuit Revives Claim by Federal Prisoner in Pennsylvania that Delayed Cancer Treatment Cost Him a Testicle, Feb. 1, 2024. Cancer, Male Reproductive, Failure to Treat, Malpractice, State Law Claims, Federal Tort Claims Act (FTCA).
- 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.