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Tag Archives: Failure to Exhaust Administrative Remedies

Employment: Sex Discrimination-Severe or Pervasive Conduct-Failure to Exhaust Administrative Remedies

Plaintiff appealed from the district court’s grant of summary judgment to defendant, in which the district court concluded that plaintiff had failed to exhaust administrative remedies in her retaliation claim, failed to state a prima facie claim for sex discrimination, ...

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Bivens Claim Failure to Exhaust Administrative Remedies Availability of Grievance Process

Plaintiff, a federal inmate, appealed from the summary judgment dismissal of his Bivens claim against defendant, a physician assistant at plaintiff’s federal correction center. Where plaintiff had failed to exhaust his administrative remedies where he could not show the unavailability ...

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Criminal Law: Credit for Time Served-Subject Matter Jurisdiction-Failure to Exhaust Administrative Remedies

Petitioner petitioned for declaratory judgment, claiming he was entitled to six years of additional jail credits towards his sentences. The trial court dismissed the petition for lack of subject matter jurisdiction, concurring the department that petitioner had failed to exhaust ...

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Immigration Law: Asylum-Withholding of Removal-Failure to Exhaust Administrative Remedies

Petitioner petitioned for review of the BIA’s dismissal of his appeal of an IJ’s denial of asylum, withholding of removal, and relief under the Convention Against Torture. Where the issues raised by petitioner were not administratively exhausted, the court lacked ...

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Civil Rights: 42 U.S.C. §1983-Correctional Inmate-Failure to Exhaust Administrative Remedies

Plaintiff appealed the district court’s grant of summary judgment to defendant state corrections officials, dismissing plaintiff’s §1983 complaint. Where there was a material factual dispute involving the information plaintiff was required to submit along with his administrative-grievance appeal, t he ...

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