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Nyhuis v. Reno, No. 98-3543 (3rd Cir.) (204 F.3d 65) (February 15, 2000) (Judge Edward R. Becker)

Article • March 1, 2000 • from P&J March, 2000

Filed under: Punch And Jurists, Exhaustion of Remedies

Nyhuis v. Reno, No. 98-3543 (3rd Cir.) (204 F.3d 65) (February 15, 2000) (Judge Edward R. Becker) by Here, joining a few Circuits, the Fourth Circuit held that the PLRA requires prisoners to exhaust all avaiable administrative remedies before bringing a Federal lawsuit, even if such remdies are incapable of …

Snider v. Melindez, No. 97-2803 (2nd Cir.) (199 F.3d 108) (December 8, 1999) (Judge Pierre N. Leval)

Article • February 1, 2000 • from P&J February, 2000

Filed under: Punch And Jurists, Exhaustion of Remedies

Snider v. Melindez, No. 97-2803 (2nd Cir.) (199 F.3d 108) (December 8, 1999) (Judge Pierre N. Leval) by In this case, a prisoner's § 1983 complaint was sua sponte dismissed without prejudice for failure to exhaust his administrative remedies. The prisoner was not afforded notice or an opportunity to be …

Lavista v. Beeler, No. 97-6295 (6th Cir.) (195 F.3d 254) (October 26, 1999) (Judge Gilbert S. Merritt)

Article • December 1, 1999 • from P&J December, 1999

Filed under: Punch And Jurists, Exhaustion of Remedies

Lavista v. Beeler, No. 97-6295 (6th Cir.) (195 F.3d 254) (October 26, 1999) (Judge Gilbert S. Merritt) by Wyatt v. Leonard, 193 F.3d 876 (6th Cir. 1999) (Judge Merritt) Lavista v. Beeler, 195 F.3d 254 (6th Cir. 1999) (Judge Merritt) Both of these cases deal with the requirement in the …

Wyatt v. Leonard, No. 98-4161 (6th Cir.) (193 F.3d 876) (October 6, 1999) (Judge Gilbert S. Merritt)

Article • December 1, 1999 • from P&J December, 1999

Filed under: Punch And Jurists, Exhaustion of Remedies

Wyatt v. Leonard, No. 98-4161 (6th Cir.) (193 F.3d 876) (October 6, 1999) (Judge Gilbert S. Merritt) by In this case, the Court departed from the holdings in several other Circuits which have focused on the word "available" in 42 U.S.C. § 1997e(a), holding that administrative remedies need not be …

Wyatt v. Leonard, No. 98-4161 (6th Cir.) (193 F.3d 876) (October 6, 1999) (Judge Gilbert S. Merritt)

Article • December 1, 1999 • from P&J December, 1999

Filed under: Punch And Jurists, Exhaustion of Remedies

Wyatt v. Leonard, No. 98-4161 (6th Cir.) (193 F.3d 876) (October 6, 1999) (Judge Gilbert S. Merritt) by Here the Sixth Circuit joins a minority of Circuits in holding that a Federal prisoner must exhaust his internal grievance procedures before filing a Bivens-type action even where the claim is only …

Harris v. Garner, No. 98-8899 (11th Cir.) (190 F.3d 1279) (September 30, 1999) (Judge Gerald B. Tjoflat)

Article • November 1, 1999 • from P&J November, 1999

Filed under: Punch And Jurists, Exhaustion of Remedies

Harris v. Garner, No. 98-8899 (11th Cir.) (190 F.3d 1279) (September 30, 1999) (Judge Gerald B. Tjoflat) by In this decision (which was later vacated when the full Court agreed to rehear the case en banc) a panel from the Eleventh Circuit held that the provision of the Prison Litigation …

Snider v. Dylag, No. 98-2271 (2nd Cir.) (188 F.3d 51) (August 23, 1999) (Judge Ralph K. Jr. Winter)

Article • October 1, 1999 • from P&J August, 1999

Filed under: Punch And Jurists, Exhaustion of Remedies

Snider v. Dylag, No. 98-2271 (2nd Cir.) (188 F.3d 51) (August 23, 1999) (Judge Ralph K. Jr. Winter) by Here the Court questioned whether the exhaustion requirement of 42 U.S.C. § 1997e(a) applies to deliberate indifference claims in the context of suits for monetary damages where an administrative appeal could …

Greig v. Goord, No. 97-9340 (2nd Cir.) (169 F.3d 165) (March 2, 1999) (Per Curiam)

Article • April 1, 1999 • from P&J April, 1999

Filed under: Punch And Jurists, Exhaustion of Remedies

Greig v. Goord, No. 97-9340 (2nd Cir.) (169 F.3d 165) (March 2, 1999) (Per Curiam) by Here Court held that litigants - like the plaintiff in this case - who file prison conditions lawsuits after release from confinement are no longer "prisoners" for purposes of 42 USC § 1997e(a) and …

White v. Fauver, No. Civ.A. No. 97-5127 (D.N.J.) (19 F.Supp.2d 305) (September 29, 1998) (Judge Stephen M. Orlofsky)

Article • November 1, 1998 • from P&J November, 1998

Filed under: Punch And Jurists, Exhaustion of Remedies

White v. Fauver, No. Civ.A. No. 97-5127 (D.N.J.) (19 F.Supp.2d 305) (September 29, 1998) (Judge Stephen M. Orlofsky) by In this case a class of inmates at Bayside State Correctional Facility filed a civil rights action, alleging that the guards had engaged in a pattern of physical abuse, threats and …

Lunsford v. Jumao-As, No. 96-56503 (9th Cir.) (155 F.3d 1178) (October 5, 1998) (Per Curiam)

Article • November 1, 1998 • from P&J November, 1998

Filed under: Punch And Jurists, Exhaustion of Remedies

Lunsford v. Jumao-As, No. 96-56503 (9th Cir.) (155 F.3d 1178) (October 5, 1998) (Per Curiam) by Whitley v. Hunt, 158 F.3d 882 (5th Cir. 1998) (Judge DeMoss) Lunsford v. Jumao, 155 F.3d 1178 (9th Cir. 1998) (Per Curiam) In these decisions, the Fifth and Ninth Circuits held that a prisoner, …

Whitley v. Hunt, No. 97-40938 (5th Cir.) (158 F.3d 882) (October 23, 1998) (Judge Harold R. Jr. DeMoss)

Article • November 1, 1998 • from P&J November, 1998

Filed under: Punch And Jurists, Exhaustion of Remedies

Whitley v. Hunt, No. 97-40938 (5th Cir.) (158 F.3d 882) (October 23, 1998) (Judge Harold R. Jr. DeMoss) by Case held that Federal prisoners pressing monetary claims in a Bivens action against Federal officials need not exhaust unavailable administrative remedies - although it also confirmed that Federal prisoners must exhaust …

Alexander v. Hawk, No. 96-3752 (11th Cir.) (159 F.3d 1321) (November 5, 1998) (Judge Frank May Hull)

Article • November 1, 1998 • from P&J December, 1998

Filed under: Punch And Jurists, Exhaustion of Remedies

Alexander v. Hawk, No. 96-3752 (11th Cir.) (159 F.3d 1321) (November 5, 1998) (Judge Frank May Hull) by Departing from the precedents in most of the other Circuits, the Eleventh Circuit held, in this case, that the Prison Litigation Reform Act (the PLRA) requires prisoners to exhaust all administrative remedies …

Underwood v. Wilson, No. 97-40536 (5th Cir.) (151 F.3d 292) (August 14, 1998) (Per Curiam)

Article • September 1, 1998 • from P&J September, 1998

Filed under: Punch And Jurists, Exhaustion of Remedies

Underwood v. Wilson, No. 97-40536 (5th Cir.) (151 F.3d 292) (August 14, 1998) (Per Curiam) by Here, the Fifth Circuit held that the administrative exhaustion provision of 42 U.S.S. § 1997e(a) does not impose exhaustion of administrative remedies as a prerequisite to jurisdiction - a position also adopted by the …

Brown v. Toombs, No. 97-1333 (6th Cir.) (139 F.3d 1102) (March 27, 1998) (Per Curiam)

Article • June 1, 1998 • from P&J June, 1998

Filed under: Punch And Jurists, Exhaustion of Remedies

Brown v. Toombs, No. 97-1333 (6th Cir.) (139 F.3d 1102) (March 27, 1998) (Per Curiam) by Case held that district courts should enforce the PLRA's exhaustion requirements sua sponte. Case noted mich of the philosophy behind the enactment of the PLRA when it commented: "Prior to the enactment of [this] …

Lambert v. Blackwell, No. 97-1281 (3rd Cir.) (134 F.3d 506) (December 29, 1997) (Judge Carol Los Mansmann)

Article • March 1, 1998 • from P&J March, 1998

Filed under: Punch And Jurists, Exhaustion of Remedies

Lambert v. Blackwell, No. 97-1281 (3rd Cir.) (134 F.3d 506) (December 29, 1997) (Judge Carol Los Mansmann) by Here the Third Circuit reversed Judge Dalzell's courageous decision in which he granted habeas relief due to gross prosecutorial misconduct on the technical grounds that the defendant had failed to exhaust her …

Garrett v. Hawk, No. 96-1429 (10th Cir.) (127 F.3d 1263) (October 28, 1997) (Judge David M. Ebel)

Article • December 1, 1997 • from P&J December, 1997

Filed under: Punch And Jurists, Exhaustion of Remedies

Garrett v. Hawk, No. 96-1429 (10th Cir.) (127 F.3d 1263) (October 28, 1997) (Judge David M. Ebel) by In McCarthy v. Madigan, 503 U.S. 140 (1992), the Supreme Court ruled that no exhaustion of administrative remedies was required for a Federal prisoner to bring a Bivens-type action (see, Bivens v. …