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Fifth Circuit Upholds Dismissal of Texas Prisoners’ Challenge to Pandemic Prison Conditions for Failure to Exhaust
Loaded on Sept. 1, 2022
by Matthew Clarke
published in Prison Legal News
September, 2022, page 44
Filed under:
COVID-19,
Conditions of Confinement,
Administrative Exhaustion (PLRA).
Location:
Texas.
by Matt Clarke
On March 9, 2022, the U.S. Court of Appeals for the Fifth Circuit affirmed the dismissal of a lawsuit challenging the adequacy of pandemic precautions taken by the Texas Department of Criminal Justice (TDCJ), holding that there was no exception for a pandemic emergency to the requirement ...
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More from this issue:
- “Unconscionable and Unacceptable” Conditions in Georgia DOC With 57 Prisoners Murdered in Two Years, by Casey Bastian
- From the Editor, by Paul Wright
- Settlement Delivers Huge Gains for Montana Prisoners with Mental Illnesses, by Kevin Bliss
- Federal Court Puts Troubled Mississippi Jail in Receivership, by Keith Sanders, David Reutter
- Sixth Circuit Again Extends Kingsley Protections for Pretrial Detainees in Deliberate Indifference Claim Against Kentucky Jail, by David Reutter
- CoreCivic Workers Unionize and Go On Strike at Arizona Prison, by Benjamin Tschirhart
- Federal Court Says Illinois Statute Barring More Than One Sex Offender per Address Is Unconstitutional, by Matthew Clarke
- 17 States and DC Have Stopped Reporting Active COVID Cases Behind Bars, by Victoria Law
- The Catalog of Carceral Surveillance: Voice Recognition and Surveillance, by Cooper Quintin, Beryl Lipton
- Arizona Closing Prison, Moving Prisoners to CoreCivic Lockup, by Edward Lyon
- Tenth Circuit Revives Suit Against Oklahoma Jail for Medical Neglect Leading To Detainee’s Death, by David Reutter
- California Court Sides With Securus in Challenge to CDCR Contract, Dealing Only Temporary Setback to GTL, by David Reutter
- All Ohio Prison Guards to Wear Body Cams, by Keith Sanders
- Monkeypox: A Global Health Emergency, by Michael D. Cohen, MD
- SCOTUS Reinstates Boston Marathon Bomber’s Death Sentence, by Mark Wilson
- $1.1 Million Settlement Paid by Michigan County to Estate of Detainee Who Committed Suicide at Jail, by David Reutter
- Nebraska Prison Staffing Crisis Sees Supervisors Take Demotions to Get Hourly Overtime Pay, by Kevin Bliss
- Fifth Circuit Upholds Dismissal of Texas Prisoners’ Challenge to Pandemic Prison Conditions for Failure to Exhaust, by Matthew Clarke
- U.S. Supreme Court Grants Texas Prisoner Religious Touch and Audible Prayer During Execution, by Matthew Clarke
- California Appeals Court Says Prop. 57 Doesn’t Require In-Person Parole Hearings, by Kevin Bliss
- Oregon Appeals Court Okays Legal Change of Transgender Prisoner’s Name and Sex, by Jacob Barrett
- Fourth Circuit Says Virginia May Require Muslim Prisoner to Purchase Prayer Oil From Vendor Also Selling Pork and “Idols”, by Matthew Clarke
- Florida Now Digitizing Incoming Mail for State Prisoners, by Kevin Bliss
- $7,500 Settlement Reached for Assault in California Jail, by David Reutter
- Impact of Felons’ Voting Minimal, MIT Researchers Find, by Keith Sanders
- $1.375 Million Award in Hawaii Prisoner’s Suicide, by David Reutter
- Third Circuit: Federal Prisoner Exposed to Risk of Assault Cannot Collect Damages if One Didn’t Occur, by Casey Bastian
- Seventh Circuit Allows Wisconsin Prisoner to Amend Inartfully Pleaded Pro Se Complaint, by Matthew Clarke
- Florida Supreme Court Reinstates Prisoner’s Appeal That Was Dismissed for Lack of Prison Date Stamp, by David Reutter
- Indiana Caps Phone Rates in State Prisons and Jails, by Ashleigh Dye
- Senators Spank BOP Director on Last Day Before Replacement by Former Oregon DOC Director, by Jacob Barrett
- New York Lifts Blanket Internet Ban on Sex Offenders, by Jayson Hawkins
- Even as U.S. Jail Population Declines, Average Length of Stay Rises, by Ashleigh Dye
- Rhode Island Supreme Court Finds Lifer “Civil Death” Law Unconstitutional, by David Reutter
- Embattled Los Angeles County Sheriff, Brawling Over Closing Decrepit Jail, Accused of Ignoring Deputy “Gangs”, by Matthew Clarke
- California Sheriff’s Pay-to-Play Scandal Reflects Nationwide Corruption Potential Documented in Watchdog Report, by Jayson Hawkins
- $90,000 Paid to Settle Lawsuit Over Recorded Attorney-Client Calls at Wisconsin Jail, by Casey Bastian
- “Jailhouse Lawyer 360” Shut Down by California Bar, by Jayson Hawkins
- California Jail Enters Settlement Agreement Resolving DOJ Investigation into ADA Violations, by David Reutter
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- News in Brief
More from Matthew Clarke:
- Report Finds Bad Forensic Evidence Leads to More Wrongful Convictions and Establishes Forensic Errors Typology, May 15, 2024
- Maine Supreme Court: Defense Counsel Ineffective for Opening Door to Otherwise Inadmissible Evidence of Bad Character, April 15, 2024
- Condemned Texas Prisoner Ruled Too Mentally Ill to Execute, April 1, 2024
- $9,000 Settlement in Wisconsin Prisoner’s Heat-Related Illness Suit, April 1, 2024
- Oklahoma Jail Withholds Death Records, Fails to Report Five Since 2018, April 1, 2024
- North Carolina Court of Appeals Reinstates Parolee’s Parental Rights, Says Parole Conditions Barred Him from Visiting Minor Daughter, April 1, 2024
- Federal Prisoners Released Under First Step Act Show 37% Reduction in Recidivism, April 1, 2024
- Arizona Supreme Court Reverses Summary Judgment for Corizon Health in State Prisoner’s Death from Untreated Diabetes, April 1, 2024
- Nebraska Supreme Court Announces Probation Search Unlawful When Conducted After Original Term Expired and Before Hearing on Extending Term, March 15, 2024
- California Court of Appeal Reverses Denial of Full Resentencing Under SB 483, March 15, 2024
More from these topics:
- “Sisters-In-Law” of Brazilian Prisoners Going Viral on TikTok, April 26, 2024. Conditions of Confinement, Prisoner Media, Internet.
- Eleventh Circuit Calls Georgia Prisoner’s Dismissed Suit Outside PLRA “Strike Zone”, April 1, 2024. Administrative Exhaustion (PLRA), Three Strike Litigants.
- $2,000 Paid to Former Arkansas Jail Detainees Given Horse Dewormer for COVID-19, April 1, 2024. Medication, Medical Experiments/Exploitation, COVID-19.
- 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.
- North Carolina Prison Official Pleads Guilty to COVID-19 Program Fraud, March 1, 2024. Government Misconduct, COVID-19, Fraud and Deceit, Fraud and Theft Loss.
- Restorative Justice Program Boosts South Carolina Prison and Public Safety, Feb. 1, 2024. Conditions of Confinement, Alternative Sentencing.
- 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.