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U.S. Appeals Court: MONETARY DAMAGES EXHAUSTION.


Miller v. Menghini, 213 F.3d 1244 (10th Cir. 2000). An inmate INMATE. One who dwells in a part of another's house, the latter dwelling, at the same time, in the said house. Kitch. 45, b; Com. Dig. Justices of the Peace, B 85; 1 B. & Cr. 578; 8 E. C. L. R. 153; 2 Dowl. & Ry. 743; 8 B. & Cr. 71; 15 E. C. L. R. 154; 2 Man. & Ry. 227; 9 B. & Cr.  brought numerous claims in a [sections] 1983 action related to his private industry work assignment. The district court dismissed the case for failure to exhaust administrative remedies. The appeals court affirmed in part, reversed in part and remanded. The appeals court held that the inmate was not required to exhaust his claim for monetary damages Monetary damages, in civil law, refers to compensation given to an injured party by a liable party. Monetary damages may be restitution, a penalty, or both.  because there were no available state administrative procedures that would provide that remedy, but that his claims for injunctive relief injunctive relief n. a court-ordered act or prohibition against an act or condition which has been requested, and sometimes granted, in a petition to the court for an injunction.  were subject to the exhaustion requirement. (Lansing Correctional Facility Lansing Correctional Facility (LCF) is a state prison operated by the Kansas Department of Corrections located in Lansing, Kansas in Leavenworth County. LCF, along with the United States Penitentiary, Leavenworth and the United States Disciplinary Barracks in Fort Leavenworth, are , Kansas, and Impact Design, Inc.)
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Publication:Corrections Caselaw Quarterly
Article Type:Brief Article
Geographic Code:1USA
Date:Aug 1, 2000
Words:101
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