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TIMOTHY BOOTH v C.O. CHURNER Click to find out why . . .



Keywords & Phrases
CaseNo: TBVCOC141439, CourtCode: SM, CourtName: SUPREME COURT OF THE UNITED STATES, Plaintiff: TIMOTHY BOOTH, State: NY New York, UniqueCaseRef: LCD>TBVCOC141439, Prisoner, Prison, Grievance, Exhaustion, Appeals, Grievance Procedures, Damages, American Civil Liberties, York, Rights, Grievance System, Relief, United States, City, Exhaustion Requirement, Civil Liberties Union, Corrections, Legal Aid Society, Prison Reform Advocacy, Petitioner, National Prison Project, Administrative Process, Administrative Remedies, Federal Courts, Plra, Washington, Judicial Review, Statutory Exhaustion Requirements, Requiring Exhaustion , ContentID: 120250244

Case Documents
1   AMICUS BRIEF
[ see first page and extracted highlights below  ] ItemID: 124124
32 pages
PDF
Total Documents: 1 document , 32 pages
Price: $ 19.95


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1 . AMICUS BRIEF

EXTRACTED KEY WORDS
COURT
PRISON
GRIEVANCE
EXHAUSTION
APPEALS
GRIEVANCE PROCEDURES
DAMAGES
AMERICAN CIVIL LIBERTIES
YORK
RIGHTS
GRIEVANCE SYSTEM
RELIEF
UNITED STATES
CITY
EXHAUSTION REQUIREMENT
CIVIL LIBERTIES UNION
CORRECTIONS
LEGAL AID SOCIETY
PRISON REFORM ADVOCACY
PETITIONER
NATIONAL PRISON PROJECT
ADMINISTRATIVE PROCESS
ADMINISTRATIVE REMEDIES
FEDERAL COURTS
PLRA
WASHINGTON
JUDICIAL REVIEW
STATUTORY EXHAUSTION REQUIREMENTS
REQUIRING EXHAUSTION
                             No. 99-1964

                                IN THE
          SUPREME COURT OF THE UNITED STATES
                     ____________________

                        TIMOTHY BOOTH,

                                                Petitioner,

                                   vs.

                       C.O. CHURNER, et al.,

                                                      Respondents.
                    ______________________

      ON WRIT OF CERTIORARI TO THE UNITED STATES
        COURT OF APPEALS FOR THE THIRD CIRCUIT
                    ______________________

        BRIEF OF THE AMERICAN CIVIL LIBERTIES UNION,
THE LEGAL AID SOCIETY OF THE CITY OF NEW YORK, AND
   THE PRISON REFORM ADVOCACY CENTER AS  AMICI
            CURIAE IN SUPPORT OF PETITIONER



David C. Fathi*
Elizabeth Alexander
Margaret Winter
National Prison Project of the
 American Civil Liberties Union Foundation
1875 Connecticut Ave. N.W., #410
Washington, DC  20009
202 234-4830

Daniel L. Greenberg
John Boston
Milton Zelermyer
The Legal Aid Society
Prisoners' Rights Project
90 Church Street
New York, NY 10007





SNIPPETS:
  • ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT
  • THE PRISON REFORM ADVOCACY CENTER AS AMICI CURIAE IN SUPPORT OF PETITIONER
  • American Civil Liberties Union Foundation
  • Washington, DC 20009
  • John Boston Milton Zelermyer The Legal Aid Society Prisoners' Rights Project
  • New York, NY 10007
  • The American Civil Liberties Union is a nationwide, non-partisan organization of nearly
  • The ACLU established the National Prison Project in 1972 to protect and promote the civil and
  • The Legal Aid Society of the City of New York is a private organization that has provided
  • Through its Grievance Project, PRAC works to improve the grievance process in the prison
  • The Petitioner alleges that he was the subject of several past incidents of excessive force
  • administrative grievance procedures that do not provide damages.
  • As a matter of common sense and plain meaning, an administrative procedure that bars the only
  • This view is further supported by decisions applying mandatory exhaustion requirements that requested relief or resolve the contested issue.
  • Yet the PLRA language holds no hint that 42 U.S.C. § 1997ewas intended as an exception to
  • Requiring exhaustion of such remedies may be appropriate for ongoing or recurrent problems;
  • It is unrealistic to suggest that prisoners will omit non-damage claims so they can evade the
  • It is unpersuasive to cite the burden on federal courts of analyzing the "vagaries" of state
  • state law as part of their daily business, and prison grievance procedures have been
  • (citing Webster's definition to hold that federal prisoners seeking monetary relief need not
  • Of particular note is this Court's treatment of statutory provisions that limit judicial
  • At first blush, it would appear that, by definition, to obtain such a final decision, the
  • Presumably this would require Petitioner to submit his grievance directly to the corrections
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