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Gonzalez v. Hasty, No. 07-1787-pr (2nd Cir.) (651 F.3d 318) (June 26, 2011) (Judge Peter W. Hall)

Article • December 1, 2011

Filed under: Punch And Jurists, Exhaustion of Remedies

Gonzalez v. Hasty, No. 07-1787-pr (2nd Cir.) (651 F.3d 318) (June 26, 2011) (Judge Peter W. Hall) by In a Section 1983 and Bivens action by plaintiff-prisoner alleging unlawful administrative detention, judgment of the district court dimissing action is reversed where an inmate is entitled to equitable tolling of the …

Malik v. District of Columbia, No. 08-7046 (D.C. Cir.) (574 F.3d 781) (August 4, 2009) (Judge Merrick B. Garland)

Article • September 1, 2009 • from P&J September, 2009

Filed under: Punch And Jurists, Prison Transportation

Malik v. District of Columbia, No. 08-7046 (D.C. Cir.) (574 F.3d 781) (August 4, 2009) (Judge Merrick B. Garland) by In this case, the petitioner, Ismail Malik, brought a § 1983 lawsuit for damages against the District of Columbia, the Corrections Corporation of America (CCA), and TransCor America, charging that …

Jones v. Bock, No. 05-7058 (U.S. Supreme Court) (549 U.S. 199; 127 S.Ct. 910) (January 22, 2007) (Justice (John G.) Roberts)

Article • December 1, 2006 • from P&J December, 2006

Filed under: Punch And Jurists, Exhaustion of Remedies

Jones v. Bock, No. 05-7058 (U.S. Supreme Court) (549 U.S. 199; 127 S.Ct. 910) (January 22, 2007) (Justice (John G.) Roberts) by Under the Prison Litigation Reform Act (PLRA), “failure to exhaust” is an affirmative defense, prisoner need not name all defendants in prior grievances, and court must proceed on …

Woodford v. Ngo, No. 05-416 (U.S. Supreme Court) (548 U.S. 81; 126 S.Ct. 2378) (June 22, 2006) (Justice Alito)

Article • May 1, 2006 • from P&J May, 2006

Filed under: Punch And Jurists, Exhaustion of Remedies

Woodford v. Ngo, No. 05-416 (U.S. Supreme Court) (548 U.S. 81; 126 S.Ct. 2378) (June 22, 2006) (Justice Alito) by This is another of a long series of almost banal and highly fact-specific cases dealing with the “exhaustion requirement” of the Prison Litigation Reform Act (PLRA), 42 U.S.C. § 1997e(a) …

Granberry v. Greer, No. 85-6790 (U.S. Supreme Court) (481 U.S. 129; 107 S.Ct. 1671) (April 21, 1987) (Justice Stevens)

Article • April 12, 2006

Filed under: Punch And Jurists, Exhaustion of Remedies

Granberry v. Greer, No. 85-6790 (U.S. Supreme Court) (481 U.S. 129; 107 S.Ct. 1671) (April 21, 1987) (Justice Stevens) by In this case, building on its decision in Rose v. Lundy, 455 U.S. 509 (1982), the Court held that the State's failure to raise non-exhaustion does not invariably waive the …

Pace v. DiGuglielmo, No. 03-9627 (U.S. Supreme Court) (544 U.S. 408; 125 S.Ct. 1807) (April 27, 2005) (Justice Rehnquist)

Article • May 3, 2005 • from P&J April, 2005

Filed under: Punch And Jurists, Exhaustion of Remedies

Pace v. DiGuglielmo, No. 03-9627 (U.S. Supreme Court) (544 U.S. 408; 125 S.Ct. 1807) (April 27, 2005) (Justice Rehnquist) by Here the Court held that a state post-conviction motion is not "properly filed," within the meaning of the tolling provision of the AEDPA’s statute of limitations, when that motion was …

Rhines v. Weber, No. 03-9046 (U.S. Supreme Court) (544 U.S. 269; 125 S.Ct. 1528) (March 30, 2005) (Justice O'Connor)

Article • April 5, 2005 • from P&J March, 2005

Filed under: Punch And Jurists, Mixed Petition

Rhines v. Weber, No. 03-9046 (U.S. Supreme Court) (544 U.S. 269; 125 S.Ct. 1528) (March 30, 2005) (Justice O'Connor) by This is one of those roll-your-eyes cases that shows the gradual but inexorable erosion of the once Great Writ of habeas corpus. In place of rules and procedures that were …

Ngo v. Woodford, No. 03-16042 (9th Cir.) (403 F.3d 620) (March 24, 2005) (Judge Harry Pregerson)

Article • April 1, 2005 • from P&J April, 2005

Filed under: Punch And Jurists, Exhaustion of Remedies

Ngo v. Woodford, No. 03-16042 (9th Cir.) (403 F.3d 620) (March 24, 2005) (Judge Harry Pregerson) by This decision examined the PLRA's strict exhaustion requirements; and it held that a prison’s administrative grievance proceeding “can in no way be the ‘main event’ in a prisoner’s attempt to have a constitutional …

Pliler v. Ford, No. 03-221 (U.S. Supreme Court) (542 U.S. 225; 124 S.Ct. 2441) (June 21, 2004) (Justice Thomas)

Article • May 1, 2004 • from P&J May, 2004

Filed under: Punch And Jurists, Stay and Abeyance Procedure

Pliler v. Ford, No. 03-221 (U.S. Supreme Court) (542 U.S. 225; 124 S.Ct. 2441) (June 21, 2004) (Justice Thomas) by In 1997, Richard Ford filed two pro se federal habeas petitions just five days before the statute of limitations expired. Because the claims in his petitions were “mixed” (i.e., they …

Olvera v. Giurbino, No. 02-56134 (9th Cir.) (371 F.3d 569) (June 8, 2004) (Judge Proctor Jr. Hug)

Article • May 1, 2004 • from P&J May, 2004

Filed under: Punch And Jurists, Stay and Abeyance Procedure

Olvera v. Giurbino, No. 02-56134 (9th Cir.) (371 F.3d 569) (June 8, 2004) (Judge Proctor Jr. Hug) by Because the statute of limitations continues to run during the pendency of Federal habeas corpus proceedings, a petitioner often will not have time to exhaust all of his available state remedies and …

Mojias v. Johnson, No. 03-0121 (2nd Cir.) (351 F.3d 606) (December 9, 2003) (Judge Wilfred Feinberg)

Article • November 1, 2003 • from P&J November, 2003

Filed under: Punch And Jurists, Exhaustion of Remedies

Mojias v. Johnson, No. 03-0121 (2nd Cir.) (351 F.3d 606) (December 9, 2003) (Judge Wilfred Feinberg) by This is an important decision under the Prison Litigation Reform Act (PLRA), in which the Second Circuit called for greater scrutiny of claims that a prisoner had failed to exhaust his administrative remedies …

Ford v. Hubbard, No. 98-56455 (9th Cir.) (330 F.3d 1086) (September 6, 2002) (Judge Stephen Reinhardt)

Article • July 1, 2003 • from P&J July, 2003

Filed under: Punch And Jurists, Exhaustion of Remedies

Ford v. Hubbard, No. 98-56455 (9th Cir.) (330 F.3d 1086) (September 6, 2002) (Judge Stephen Reinhardt) by Two separate petitioners, state inmates, filed mixed federal habeas petitions in the United States District Court for the Central District of California, which were dismissed. Petitioners then exhausted their state remedies on all …

Ortiz v. McBride, No. 02-0088 (2nd Cir.) (323 F.3d 191) (March 21, 2003) (Per Curiam)

Article • April 1, 2003 • from P&J April, 2003

Filed under: Punch And Jurists, Exhaustion of Remedies

Ortiz v. McBride, No. 02-0088 (2nd Cir.) (323 F.3d 191) (March 21, 2003) (Per Curiam) by The inmate-plaintiff in this case, acting pro se, appealed an order from the District Court for the Eastern District of New York's dismissing the claims he brought pursuant to 42 U.S.C. § 1983 for …

Lyon v. Vande Krol, No. 00-3283 (8th Cir.) (305 F.3d 806) (October 4, 2002) (Judge Morris Sheppard Arnold)

Article • October 1, 2002 • from P&J October, 2002

Filed under: Punch And Jurists, Exhaustion of Remedies

Lyon v. Vande Krol, No. 00-3283 (8th Cir.) (305 F.3d 806) (October 4, 2002) (Judge Morris Sheppard Arnold) by Here a state inmate brought a civil rights suit against defendant prison officials, claiming that the prison's exclusion of him from participating in Jewish services and holidays violated his constitutional rights. …

Rose v. Lundy, No. 80-846 (U.S. Supreme Court) (455 U.S. 509; 102 S.Ct. 1198) (March 3, 1982) (Justice O'Connor)

Article • September 30, 2002

Filed under: Punch And Jurists, Exhaustion of Remedies

Rose v. Lundy, No. 80-846 (U.S. Supreme Court) (455 U.S. 509; 102 S.Ct. 1198) (March 3, 1982) (Justice O'Connor) by In this case the Court considered whether the exhaustion rule in 28 USC §§ 2254(b) & (c) requires a federal district court to dismiss a petition for a writ of …

Porter v. Nussle, No. 00-853 (U.S. Supreme Court) (534 U.S. 516; 122 S.Ct. 983) (February 26, 2002) (Justice Ginsburg)

Article • February 1, 2002 • from P&J February, 2002

Filed under: Punch And Jurists, Exhaustion of Remedies

Porter v. Nussle, No. 00-853 (U.S. Supreme Court) (534 U.S. 516; 122 S.Ct. 983) (February 26, 2002) (Justice Ginsburg) by Here the Court unanimously held that the exhaustion requirements of the Prison Litigation Reform Act are applicable to all inmate lawsuits regarding prison life, regardless of whether the suit involves …

Smith v. Zachary, No. 99-4084 (7th Cir.) (255 F.3d 466) (June 28, 2001) (Judge Terrence T. Evans)

Article • August 1, 2001 • from P&J August, 2001

Filed under: Punch And Jurists, Exhaustion of Remedies

Smith v. Zachary, No. 99-4084 (7th Cir.) (255 F.3d 466) (June 28, 2001) (Judge Terrence T. Evans) by Here, over the dissent of Judge Williams, the majority concluded that the inmate's claim of a violent, random assault by a prison guard dealt with "prison conditions" and thus required that he …

Booth v. Churner, No. 99-1964 (U.S. Supreme Court) (532 U.S. 731; 121 S.Ct. 1819) (May 29, 2001) (Justice Souter)

Article • May 1, 2001 • from P&J May, 2001

Filed under: Punch And Jurists, Exhaustion of Remedies

Booth v. Churner, No. 99-1964 (U.S. Supreme Court) (532 U.S. 731; 121 S.Ct. 1819) (May 29, 2001) (Justice Souter) by Here the Court resolved a long-standing Circuit split and held that 42 USC § 1997e(a) requires a prisoner to exhaust all available prison grievance procedures before commencing suit in Federal …

Harris v. Garner, No. 98-6699 (11th Cir.) (216 F.3d 970) (June 27, 2000) (Judge Edward E. Carnes)

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

Filed under: Punch And Jurists, Exhaustion of Remedies

Harris v. Garner, No. 98-6699 (11th Cir.) (216 F.3d 970) (June 27, 2000) (Judge Edward E. Carnes) by In this case, a divided en banc court held that the provision of the Prison Litigation Reform Act which requires a showing of physical injury before a prisoner may bring a federal …

McCarthy v. Madigan, No. 90-6861 (U.S. Supreme Court) (503 U.S. 140; 112 S.Ct. 1081) (March 4, 1992) (Justice Blackmun)

Article • June 8, 2000

Filed under: Punch And Jurists, Exhaustion of Remedies

McCarthy v. Madigan, No. 90-6861 (U.S. Supreme Court) (503 U.S. 140; 112 S.Ct. 1081) (March 4, 1992) (Justice Blackmun) by Case held that a Federal prisoner is not required to exhaust the BOP's internal grievance procedures before initiating a Bivens action against prison authorities solely for money damages - although …