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· 8/28/2008

Turner v. Burnside

Citations

  • 541 F.3d 1077
  • 2008 U.S. App. LEXIS 18510
  • 21 Fla. L. Weekly Fed. C 1023

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that a procedure may be unavailable and the failure to exhaust it may be excusable if its unavailability is caused by extreme threats of physical retaliation
  • concluding that “a prison official’s serious threats of substantial retaliation against an inmate for lodging or pursuing in good faith a grievance make the administrative remedy ‘unavailable[.]’”
  • holding that the PLRA’s exhaustion requirement “does not require inmates to craft new procedures when prison officials demonstrate ... that they will refuse to abide by the established ones”
  • holding that a threat renders a prison grievance system unavailable when “(1
  • holding that a threat renders a prison grievance system unavailable when “(1
  • holding that a prison official’s threats of retaliation can render grievance process unavailable if: “(1) the threat actually did deter the plaintiff inmate from lodging a grievance or pursuing a particular part of the process; and (2

Source: CourtListener parenthetical corpus (CC0).

Judges: Carnes, Marcus, Bucklew

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.