§Why CasetextPricing

Malik v. District of Columbia et al

MOTION for Judgment on the Pleadings , or in the Alternative, for Summary Judgment

13 Cited authorities

  1. Porter v. Nussle

    534 U.S. 516 (2002)   Cited 13,943 times   2 Legal Analyses
    Holding that a state prisoner must exhaust administrative remedies before filing a complaint

  2. Terrell v. Brewer

    935 F.2d 1015 (9th Cir. 1991)   Cited 7,329 times
    Holding that only under "exceptional circumstances" is appointment of counsel proper and that a finding of "exceptional circumstances" requires an evaluation of the likelihood of success on the merits and other factors

  3. Shane v. Fauver

    213 F.3d 113 (3d Cir. 2000)   Cited 3,129 times
    Holding that unless amendment would be futile, a district court must give a plaintiff the opportunity to amend a complaint that fails to state a claim

  4. Ross v. County of Bernalillo

    365 F.3d 1181 (10th Cir. 2004)   Cited 451 times
    Holding where a prisoner submits a complaint with one or more unexhausted claims the district court should ordinarily dismiss the entire action without prejudice

  5. Wright v. Morris

    111 F.3d 414 (6th Cir. 1997)   Cited 309 times
    Holding language "No action shall be brought . . .," 42 U.S.C. § 1997e, to "expressly govern the bringing of new actions"

  6. Harper v. Jenkin

    179 F.3d 1311 (11th Cir. 1999)   Cited 150 times
    Holding that filing of an untimely grievance does not properly exhaust a prisoner's administrative remedies

  7. Abdul-Muhammad v. Kempker

    450 F.3d 350 (8th Cir. 2006)   Cited 19 times
    Holding that "a prisoner who files a complaint in federal court asserting multiple claims against multiple prison officials based on multiple prison grievances must have exhausted each claim against each defendant in at least one of the grievances."

  8. Saunders v. Goord

    98 Civ. 8501 (JGK) (S.D.N.Y. Jul. 25, 2002)   Cited 3 times

    98 Civ. 8501 (JGK) July 25, 2002 OPINION AND ORDER JOHN G. KOELTL, United States District Judge. Antonio Saunders, an inmate at the Green Haven Correctional Facility ("GHFC"), brings this action pursuant to 42 U.S.C. § 1983 against a number of corrections officers and medical personnel at the GREC and their supervisors, alleging that they harassed him on a number of occasions, used excessive force against him, created and/or allowed for prison conditions that failed to protect him from several attacks

  9. Barnard v. District of Columbia

    Civil Action No. 00-2171 (RBW) (D.D.C. Oct. 22, 2002)   Cited 1 times

    Civil Action No. 00-2171 (RBW) October 22, 2002 MEMORANDUM OPINION AND ORDER REGGIE B. WALTON, United States District Judge. Defendants have filed a motion for judgment on the pleadings or for summary judgment on the ground that plaintiff has failed to exhaust his administrative remedies. In opposition, plaintiff argues that there are genuine questions of fact as to whether the defendant's grievance procedure applies to plaintiff's claim, whether defendants have provided sufficient evidence that

  10. Section 1983 - Civil action for deprivation of rights

    42 U.S.C. § 1983   Cited 490,094 times   693 Legal Analyses
    Holding liable any state actor who "subjects, or causes [a person] to be subjected" to a constitutional violation

  11. Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

    Fed. R. Civ. P. 12   Cited 348,310 times   930 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  12. Section 1997e - Suits by prisoners

    42 U.S.C. § 1997e   Cited 54,086 times   20 Legal Analyses
    Holding that prisoners must exhaust "available" administrative remedies before filing suit in federal court

  13. Section 1997 - Definitions

    42 U.S.C. § 1997   Cited 2,454 times   2 Legal Analyses
    Requiring exhaustion of "such administrative remedies as are available"