In Re Bayside Prison Litigation.

PositionCIVIL RIGHTS - Brief Article

U.S. District Court

RACIAL DISCRIMINATION

CRIPA -- Civil Rts. of Institutionalized Persons Act

PLRA -- Prison Litigation Reform Act

In Re Bayside Prison Litigation, 190 F.Supp.2d 755 (D.N.J. 2002). State prison inmates brought a [section] 1983 action against prison officials alleging numerous alleged constitutional violations. The district denied the defendants' motion to dismiss as it pertained to those inmates who alleged that the [section] 1983 actions were racially motivated, and noted that there was no available remedy for the inmates to exhaust before filing suit. According to the court, the grievance procedures described in the state prison's inmate handbook were not sufficiently clear, expeditious, or respected by prison officials to constitute an "available administrative remedy" for the purposes of the requirements of the Prison...

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