porter
et
al
nussle
argued
january
decided
february
without
filing
grievance
applicable
connecticut
department
correction
procedures
nussle
state
prison
inmate
commenced
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action
charging
corrections
officers
including
porter
subjected
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pattern
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singled
severe
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amendment
ban
cruel
unusual
punishments
district
dismissed
nussle
suit
relying
provision
prison
litigation
reform
act
plra
directs
action
shall
brought
respect
prison
conditions
section
federal
law
prisoner
administrative
remedies
available
exhausted
second
circuit
reversed
holding
exhaustion
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remedies
required
claim
kind
nussle
asserted
appeals
concluded
prison
conditions
phrase
covers
conditions
affecting
prisoners
generally
single
incidents
immediately
affect
particular
prisoners
corrections
officers
use
excessive
force
support
position
cited
legislative
history
suggesting
plra
curtails
frivolous
suits
actions
seeking
relief
corrections
officer
brutality
also
referred
decisions
distinguished
proof
injury
mens
rea
purposes
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force
claims
conditions
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exhaustion
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inmate
suits
prison
life
whether
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circumstances
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episodes
whether
allege
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cf
wilson
seiter
pp
current
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district
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cases
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see
booth
churner
unlike
previous
provision
encompassed
suits
exhaustion
required
action
brought
respect
prison
conditions
section
designed
reduce
quantity
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quality
prisoner
suits
affords
corrections
officials
opportunity
address
complaints
internally
allowing
initiation
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case
instances
corrective
action
taken
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inmate
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might
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prison
administration
satisfy
inmate
thereby
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need
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instances
internal
review
might
filter
frivolous
claims
ibid
cases
ultimately
brought
administrative
record
clarifying
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contours
facilitate
adjudication
see
ibid
pp
determination
meaning
prison
conditions
phrase
guided
plra
text
context
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decisions
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uits
prisoners
titled
pathmarking
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mccarthy
bronson
construed
federal
magistrates
act
authorization
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judges
refer
prisoner
petitions
challenging
conditions
confinement
magistrate
judges
concluded
mccarthy
read
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phrase
challenging
conditions
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authorizes
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prisoner
petitions
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mccarthy
emphasized
preiser
rodriguez
unambiguously
placed
cases
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conduct
within
broad
category
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petitions
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conditions
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plra
dominant
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promote
administrative
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groundless
claims
foster
better
prepared
litigation
claims
aired
see
booth
churner
farmer
brennan
although
cases
distinguish
excessive
force
claims
conditions
confinement
claims
context
proof
requirements
injury
must
plaintiff
allege
show
mental
state
must
plaintiff
plead
prove
proof
requirements
case
however
touch
concern
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inquiry
issue
whether
resort
prison
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must
precede
resort
reason
believe
congress
meant
release
evidentiary
distinctions
drawn
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farmer
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extend
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inserted
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conditions
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simply
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clear
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example
claim
prisoner
arresting
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claims
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force
claims
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weeding
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pp
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mccarthy
prison
environment
specific
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firm
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leave
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cf
preiser
moreover
appeals
disposition
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example
prisoner
sues
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officer
alleged
used
excessive
force
supervisor
allegedly
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adequately
monitor
charge
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scant
sense
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prison
authorities
interest
receiving
prompt
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opportunity
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action
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compelling
interest
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opportunity
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pp
reversed
remanded
ginsburg
delivered
opinion
unanimous
correction
officer
porter
et
petitioners
ronald
nussle
writ
certiorari
appeals
second
circuit
february
justice
ginsburg
delivered
opinion
case
concerns
obligation
prisoners
claim
denial
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rights
incarcerated
exhaust
prison
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procedures
seeking
judicial
relief
ronald
nussle
inmate
connecticut
prison
brought
directly
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corrections
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singled
severe
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cruel
unusual
punishments
nussle
bypassed
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despite
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prison
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reform
act
plra
stat
amended
supp
directs
action
shall
brought
respect
prison
conditions
section
title
federal
law
prisoner
confined
jail
prison
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facility
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remedies
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exhausted
appeals
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circuit
held
governs
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prisoners
generally
single
incidents
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officers
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force
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prisoners
nussle
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second
circuit
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urges
relevant
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force
claims
says
need
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proceed
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respondent
ronald
nussle
inmate
cheshire
correctional
institution
connecticut
app
according
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corrections
officers
prison
subjected
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time
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nussle
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officers
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porter
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officers
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kill
reported
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connecticut
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correction
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prisoners
see
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nussle
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federal
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filed
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days
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nussle
charged
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willette
ahn
app
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proof
injury
mens
rea
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hand
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citing
hudson
mcmillian
farmer
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circuit
federal
courts
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determined
prisoners
alleging
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prison
guards
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rights
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smith
zachary
higginbottom
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booth
churner
freeman
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granted
certiorari
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ii
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plaintiffs
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rights
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suits
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conditions
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thereby
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instances
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argued
allowed
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conditions
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mccarthy
targeted
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prison
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reason
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natural
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mcmillian
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cases
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farmer
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nussle
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congress
added
words
prison
conditions
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specifically
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title
vii
claim
prisoner
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supra
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mccarthy
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definition
generate
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work
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courts
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cases
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conditions
challenging
specific
acts
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mccarthy
emphasized
prison
environment
specific
incident
may
symptomatic
rather
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unwarranted
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corrections
officer
may
reflective
systemic
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poor
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inadequate
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smith
nussle
alleged
case
beating
suffered
june
also
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date
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officers
app
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firm
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cf
preiser
wholly
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prisoners
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circuit
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oral
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emphasize
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scant
sense
supports
single
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prisoner
immediate
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see
smith
nussle
distinction
excessive
force
claims
prisoner
suits
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supra
presents
similar
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authorities
interest
receiving
prompt
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opportunity
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brutality
somehow
less
compelling
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preiser
since
internal
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prisons
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peculiarly
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state
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hold
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excessive
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wrong
cf
wilson
accordingly
judgment
appeals
reversed
case
remanded
proceedings
consistent
opinion
ordered
footnotes
second
circuit
held
actions
connecticut
governed
state
statute
limitations
tort
actions
williams
walsh
another
provision
plra
supp
observed
define
prison
conditions
nussle
willette
provision
concerns
prospective
relief
defines
prison
conditions
mean
conditions
confinement
effects
actions
government
officials
lives
persons
confined
prison
second
circuit
found
definition
less
ambiguous
bare
text
neither
alternative
formulations
said
used
everyday
speech
describe
particular
instances
assault
excessive
force
see
booth
churner
aff
grounds
reading
cover
prison
conditions
corrections
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actions
make
prisoners
lives
worse
second
circuit
ultimately
concluded
improper
event
automatically
import
definition
civil
actions
brought
respect
prison
conditions
two
provisions
distinct
statutory
purposes
parties
dispute
meaning
simultaneously
enacted
provision
concerns
prospective
relief
purpose
defines
expression
civil
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respect
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see
supra
noting
inter
alia
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circuits
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meaning
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express
definitive
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proper
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reaching
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second
circuit
referred
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construe
statutory
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narrowly
order
give
full
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general
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citing
city
edmonds
oxford
house
patsy
board
regents
second
circuit
available
subsequently
rendered
decision
booth
churner
booth
held
mandates
initial
recourse
prison
grievance
process
even
prisoner
seeks
money
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process
see
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congress
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process
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prisoner
grievances
canon
second
circuit
relied
may
dependable
contexts
plra
establishes
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regime
litigation
within
compass
congress
replaced
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rule
general
rule
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title
provides
relevant
part
notwithstanding
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law
contrary
judge
may
designate
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hearings
submit
judge
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findings
fact
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judge
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individuals
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challenging
conditions
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refer
prison
conditions
less
scope
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circuit
construction
term
section
provides
dismissal
initiative
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brought
respect
prison
conditions
frivolous
malicious
specific
incident
complaint
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prescription
view
suits
implicate
prison
conditions
provides
pretrial
proceedings
action
brought
respect
prison
conditions
may
held
prison
via
telephone
video
conference
telecommunications
technology
prisoner
need
physically
transferred
participate
surely
arrangements
appropriate
nussle
case
others
genre
authority
practical
procedures
rest
cases
like
nussle
qualify
actions
regarding
prison
conditions