Welcome to this 30th lecture. So, we will see here torque-speed characteristic of an induction motor. How do we estimate by using time harmonic formulation that we saw in the previous two lectures. So, now here governing partial differential equation is this. So, this is you are familiar with this except the change here is see actually it is sigma dA by dt is it not. So, dA by dt d by dt is replaced by j omega and again there is now one more S this is the slip of induction motor because depending upon the frequency of induced EMF you have to take either you know S as whatever slip frequency suppose it is rotor you have to take the corresponding slip if it is you know a stator then it will be S will be equal to 1. So, depending upon so we are generalizing this so S into omega rest is of course same. So, now we know from the induction motor theory that torque if we take the rotor losses then torque is given by p rotor losses upon S times omega. Now, here if you see this geometry there is this rotor which is steel and we are considering this as solid iron because here you know it is slip is very small. So, induced frequency is very small. So, the eddy current losses will be quite small. So, we can consider this rotor as solid is not laminated whereas this stator the outer most part this stator this steel is laminated steel. But here we are not interested in loss calculation. So, we will not be defining the conductivity for this stator also. And another thing there are two more simplifications in this model this you know stator does not have teeth. So, there are only these coils A plus A minus B plus B minus C plus C minus there are there are no teeth these are not the teeth. So, it is like you know the this outer part is just path for the containment of flux and so that the flux is contained within the geometry. And so basically you have this complete as sort of air gap and then you have this rotor is in the form of this aluminum ring. So, this entire this part is aluminum. So, instead of you know you have in squirrel cage induction motor for example, you have you know the cage having aluminum bars is it not which are short circuited at both ends. So, here we are simplifying that model as simply you know aluminum and then you have this all these as I explained A plus A minus and all those. Now, this source for these geometry is this website where you know these are what are called as team workshop problems. These are standard benchmark problems whenever you get on to any complex FEM you know best analysis. Here you have an option to verify your FEM methodology by solving some standard benchmark problems given in this website. So, I will just show you that website. So, here for example, you see here there are number of problems given at this website and then you know you can just open any of those problems and detail some theory is given problem definition is given results are given. So, you can model any of these problems which are of interest to you and verify your FEM analysis. So, these are very useful you know website with number of problems given static time harmonic transient couple problems couple circuit field problems. So, we have taken this geometry on this website and the problem is 30A. So, of course this is a simplified geometry. So, now this is a three phase two pole induction motor. Now, you can see here we are actually what we are going to do is we are going to define peak current for a phase. So, a plus is peak current. So, B plus and C plus coil will have negative half. So, that means B minus and C minus will have positive half current. So, this is positive peak and these two will be this will be positive half peak. So, together you know you will say this is plus plus plus this is say 1 per unit this is half half. So, together you know you will have flux contours which will be enclosing all these positive current. Of course, they are displaced in time this is positive peak this is half positive peak. But there will be you know you can expect to see flux pattern which will be you know like this. Similarly, here A minus will be negative peak and C plus and B plus will be also negative half peak. So, there will be another set of flux contours which will be enclosing these three coils. So, now, let us before going into this let us just compare the flux plot that we have got. So, as I was explaining you have got one set of contours like this and another set of contours like this. So, I hope you understood the geometry and the ampere turn definition. We basically solve this we discretize this. This will give you the global coefficient matrix which will have geometry and material information this will give you D matrix is it not we have seen it earlier D matrix this will give you B j matrix. So, now, here we already saw torque is given by rotor losses divided by S into omega. Now, here omega is the synchronous speed in radians per second.  So, that is slip and f we are taking it 60 hertz because in this problem here frequency is 60 hertz. So, we are taking it as 60 hertz. So, slip is omega minus omega r upon omega where omega corresponds to synchronous speed. So, now, having got the solution A then what we can do is we can then find out E is nothing but minus daba A by daba T and that means it will be minus j omega A and then you can then substitute then find out the amplitude of E and then substitute it here sigma is the conductivity. Now, in terms of you can directly calculate this in terms of j also then in that case the formula becomes rho j square dv where rho is the resistivity because E is nothing but j upon sigma. So, this will be j square upon sigma square. So, j square upon sigma because this sigma 1 will go. So, it will become j square by sigma 1 upon sigma is rho. So, sometimes you will find in the text and in some commercial software they will code this formula rho j square dv. So, rho j square and sigma square they are the same and as I previously mentioned this rho j square or this sigma E square that has the unit of watts per meter cube. The dimensions of this geometry are given here. So, various radias are given here <IP_ADDRESS>. So, remember this is a very simplified geometry just for the verification purpose. So, as we have been earlier also discussing the advantage with finite element method is it is like sort of geometry independent the procedure. So, if your finite element solution works for this geometry which is very sort of trivial or simplified geometry it will definitely work for a complicated geometry real geometry of a motor with all the details modeled correctly. That is the advantage of finite element analysis. So, this we have already seen this plot. Now, this is for a slip of 0.05 which is the actually practical slip value. Whereas slip of 0.47 is not practical because the torque split characteristic if you see the operating region or the stable region is this region is it not this is unstable region. So, s is equal to 0.5 will come somewhere here which is unstable. But just for comparison purpose we have plotted for s is equal to this value also which corresponds to speed of 200 radias per second for 60 hertz case because this for this value that problem 30a has the corresponding value for which you can actually verify. So, then you get losses in aluminum and losses in rotor steel as this. This is calculated from this formula. This is just for verification purpose we are taking this. Similarly, this slip is not possible and you can also see that because of slip being high the induced currents and the corresponding distortion will be high. That is why you can see that the flux pattern here is considerably distorted as compared to s is equal to 0.05. So, then our purpose is to plot torque split characteristics. So, what we need to do is for we vary slip we vary slip in this formulation for every slip we basically solve this PDE. For every slip we can calculate eventually this PR from PR we calculate a torque and then we plot it here. So, this is rotor speed is nothing but we can actually this is nothing but slip is it not this is representing slip. So, then for every slip or the rotor speed we can get one torque value and this is that is how you can. So, that as many FEM simulations will be required as many points you want to plot on this torque split characteristics. But it is fairly easy because this is a quasi static calculation is it not this is not really a transient. Once you have your code running you have to just you know in fact you can set a outer to loop with s varying from some 0 to 1 and in one go you can actually get all the torque value is it not. So, this is fairly straight forward here this just shows now here for example, this corresponds to the synchronous speed. So, that is equal to s is equal to you know 0 here. So, this is just explained here omega is 120 F by P in RPM divided by 60 you get RPS revolutions per second. So, that comes to twice F by P and then this is revolutions per second. So, if you want to find out radiance per second then you have to multiply this by 2 pi because one revolution has 2 pi radians. So, 2 pi into 2 F by P. So, this gives you you know 4 pi 60 by 2 because F is 60 in our case and that gives you 377 radians per second that is what you know this point is 377 radians per second. So, this is how we can actually use FE methodology to plot torque split characteristic of induction motor. Now, we go to the next topic axi-symmetric problems. Now, the axi-symmetric problems are quite often encountered in our electrical engineering when we deal with coils mostly circular coils are there and if we can simplify some geometrical details and make it sort of you know symmetrical about axis then this axi-symmetric formulation is really good because it gives by doing 2D simulation you are effectively getting 3D fields because fields are independent in phi direction is it not. So, that is why axi-symmetric problems can be quite formulation can be quite handy in analysis of electrical machines and equipment. Now, here you know we are assuming symmetry about z axis which is quite logical then let us see some theory B is equal to del cross A and now here you know J is now this is axis symmetry J current is in phi direction is it not axis is in z direction. So, the current will be in phi direction it is symmetry about z axis current will be in phi direction. So, J also will be in phi direction current density also will be in phi direction if current density is in phi direction A also will be in phi direction magnetic vector potential we have seen in basics of electromagnetic A is the direction of A is direction of current or J is it not. So, that is why in this now when you expand this curl del cross A then you have A as only with A phi component. So, indeed only there is a phi component and this rho comes here you know when you this is the basic definition of curl in cylindrical coordinates here 1 upon rho comes here 1 rho comes and here also 1 rho comes. So, this is basic definition of curl in cylindrical coordinate system. Now, if you actually expand this determinant then you will get this 2 components A rho and a z components. So, which is obvious because J is in phi. So, that will lead to B and B having 2 components in rho and z direction like when J earlier case whenever we use to approximate in Cartesian system we use to take J in z direction is it not and then B used to be having x and y components. Similarly, here you have J in phi we have rho and z component rho and z component. So, now here this rho this d by dz of rho. So, this rho can be taken out is it not rho is constant when you are taking derivative with respect to z. So, this rho and this rho will get cancelled. So, that is why finally you get this expression. So, now further going for the now we calculate J, J is del cross H and H is B upon mu right. So, then you know you again use curl expansion and then you get now here B is having 2 components rho and z right. So, that is what is written here 1 upon mu this is this one more by mu is coming because of this B rho, B rho is this and B z B z is this. So, this component right and B phi is 0 because there is no B phi component right. Now, again you expand now here J will be in only phi direction and that can be verified here that you know if you take a rho then d d by d by phi of this will be you know because with respect to phi there will not be any variation is it not because it is axis symmetric. So, d d by d by phi of this will be 0 and this d by d by z of 0 is anyway 0. So, that is why a rho component is 0. Similarly, you can see a z component this anyway is 0 d phi d by d by d by phi of B rho again since it is symmetrical about z axis again d by by d by phi of this will be 0. So, only component that remains is this a phi which is d by d by phi of this and minus d by d by z of this right that is what is written here and then we actually substitute this components here B rho and B z and then we are just getting that as J phi going further now what we do. So, if we have to use the same formulation that we develop for Cartesian systems in x and y then we have to make this symmetrical. Now, here for example you know here it is derivative a partial derivative with respect to O A phi whereas here it is a partial derivative with respect to rho A phi. So, it is not you know symmetrical is it not. So, we can make this symmetrical. So, that we can apply the same formulation that we developed in x y system for this rho z system how we can do that we multiply this numerator and denominator by rho because rho is constant is it not rho is just constant and that rho can be taken inside because d by d z for d by d z rho is constant is it not. That is why we take this rho inside and divide by rho. Now, you can see this is symmetrical and then here with respect to our earlier Cartesian systems what are the changes here rho is of course replacing x z is replacing y is it not right. So, I hope you get this. Cartesian systems of course these axis this is some coil if this was x y system this would have been x this would have been y in cylindrical system. Now, this is rho and this is z is it not. So, this is x is nothing, but to go and y is nothing, but z in cylindrical systems.  So, we always took current in z direction. So, a z was in z direction. So, this was actually a z there. So, that a z is now replaced by rho a phi. So, now then if we do this you know sort of manipulation then we can exactly use the earlier code for this with no change only thing that we have to remember is the solution that we get is not a phi but it is rho a phi. And then if you want to find out a at any point then you have to divide that solution value by rho at that point is it not because the solution that we are going to get is rho times a phi. So, now at any point suppose after having got solution suppose you want to find out actual a phi at this point what you have to do you have to actually take that corresponding rho at that point. So, that rho a phi divided by rho will give you the a phi at that point clear. So, if this is then it is fairly straight forward. So, now what another approximation we do for simplifying or our calculation is we consider rho as constant for elements. That means suppose you have some element here triangular element actually speaking the rho is changing at every point within the element is it not. But if the element is fairly small we can assume for you know that rho is constant for that element and that and equal to the centroid rho value. So, that at the centroid then if we do all this simplifications and then manipulation as explained earlier. Then our element coefficient matrix and the corresponding entries will remain exactly the formula remains exactly same except we have in the denominator one rho term the radius that is the point at which calculations are being made or the element at which element in which calculations are being made. So, here since we are assuming rho for the that element as constant and at that centroid that is why you know you can just write here one rho value. Earlier we had only one over mu is it not in x y system we had only one over mu here. Now, here we have one over rho mu. So, that is why here also mu gets accompanied by rho and here you know actually it is mu as a function of b is written this is actually not valid yet because we are not seen really non-linear analysis. So, do not worry about this b just consider this as just mu this is this has to be considered in this form mu as a function of b when we actually see non-linearity and we want to model non-linearity which we will see in a later lecture. So, right now this you consider this as just as mu because mu is constant over each element and it is a linear system. So, mu is not a function of b source matrix remains the same no change the way we calculated earlier that means this J phi will result into J delta by 3 and the same procedure applies. So, now for the going for the calculation of b from a you get you know now here earlier we had a as n 1 a 1 n 2 a 2 plus n 3 a 3 now we will have rho times a as this and then you know you have this is the expressions for n 1 n 2 n 3 with x and y now replaced by rho and z. So, this is n 1 this is n 1 this is n 2 this is n 3 with x and y replaced by rho and z. Now, we have already calculated this b b is this. So, we are taking that here right and then we are actually multiplying and dividing by rho to you know fit this thing fit into this and then now we actually take this derivatives with respect to z and rho. Now, this leads to the exactly same expression as earlier for b except you have gone 1 over rho which is logical is it not and this a 1 q 1 a 2 q 2 a 3 q 3 and this q 1 q 2 q 3 are the standard and p 1 p 2 p 3 are the standard once as earlier in terms of coordinates. But, there x and y will be replaced by rho and corresponding rho and z for the vertices 3 vertices clear. Once you have done that then of course, calculation of energy and inductance it is straight forward. Now, in Cartesian system we had b square upon twice mu as energy density energy per unit volume. So, to that we are multiplying with volume d x d y into d z, but we are taking per meter depth that is why one appears here is it not. So, this is the total energy b square upon twice mu is energy density energy per unit volume. In cylindrical system it is the same thing b square upon twice mu d rho d z. So, then how do we you know in terms of coding what changes we will have as compared to our 2 d Cartesian code. We will have here this mu 0 gets multiplied by accompanied by rho as we have seen earlier it denominator rho comes that is the only change because of this rho here in the denominator and b, b remains same j delta by 3. Similarly, here now b z and b rho instead of b y and b x you are now b z and b rho and this expressions we have already seen this expression we derived. So, corresponding you know expression is this again here additional this rho comes here which is variable c x here this is the only thing mu. Similarly, here for b rho you get this there is another there is a c x term here in the denominator and then b net is square root of b z square and b rho square plus b rho square and then you calculate the energy for the each element b square upon twice mu multiplied by 2 pi rho b square upon twice mu 0 into 2 pi rho for each element and then we have to integrate. So, this for one element then you integrate over sum over all elements. So, we will get the total energy. So, in this slide we analyze inductance of our cap core reactor which was discussed in L24. There is this central core with non magnetic caps whose total length is designed to have a particular value of inductance. Most of the energy stored in these gaps because of their high inductance and hence they did predominantly decide the inductance value. The central core and the coil are circular and therefore symmetric about the axis. A top and bottom yokes and two side limbs are flat structures with rectangular cross section. Hence truly speaking the entire geometry is not axis symmetric. Earlier we analyzed the same problem music 2D Cartesian system in which the computation is done per beta depth in z direction. This has essentially assumed that the entire geometry is infinite in extent in z direction which is not true. However, this approximation is not bad given the large diameters of the coil and the core. Thus we understood that both Cartesian and axis symmetric 2D approaches are approximate as summarized here. But they are good enough for inductance calculation. For more accurate computation one has to do 3D FEM best analysis. The values of inductance is given by both methods are close to each other. In the method based on Cartesian coordinates we had obtained energies per meter depth in various parts and multiplied them by corresponding beam diameters later to obtain the total energy. In the axis symmetric approach the multiplied elemental energy is by corresponding beam diameters at the element level inside the FEM core. So this is another difference between the two models. So in the next lecture we will see permanent bandwidths and corresponding FE formulation for permanent bandwidths. Thank you.


Everybody forced here Rip in 21 22 prism basketball choice 10 box number four tiered. I'll let you look at the results again I'm gonna drop a link for the results and chat. I forgot to do that Thanks, everyone for joining. Good luck. Here comes that link and you can always find them on the website Guys, this will be a quick one. I'm not gonna recap this break because we're a few minutes behind So no recap on this but 10 box choices is gonna be a pretty quick one. So all right Silver's Kyle Larry heat Christian Wood Rockets blue yellow green Suns Macal bridges Pistons Josh Jackson and Magic Frans Wagner nice Frans I think the Jalen Green Nebula was pulled already Redemption Charles Barclay's signatures prism's choice. I got a C What team that's gonna be for I'd mad I'd imagine sixers or sons. It could be rockets though No, not factory set signatures prism's choice Card two Think it's sixers Barclay Yeah, it's gonna be sixers Barclay Sixers I think I saw it was pulled somewhere Tyler. I'm not sure Sixers you got red both to 88 here Nuggets Paul Millsap 52 of 88 and Warriors Wilt Chamberlain 15 of 88 Pretty sure I saw it on the instagram Silver Nick 740 a Thunder Darius Basley blue yellow green pelicans de keel alexander walker Magic Terence Ross and Thunder Tray man rookie Pelicans rookie auto Tray Murphy the third Sensational signatures there Nice magic of blue Jalen Suggs color match 14 of 39 blue choice Very nice, Cordelando doing well here in the break so far and Pacers red Miles Turner 83 of 88. All right, Silver is jazzed out of a Mitchell Magic Terence Ross blue yellow green Hawks on Yeko Okangu Mavericks Dorian Finney Smith and Sixers Jason Williams. Not Sixers King Jason Williams Red choice autos Celtics Jason Tatum big hard C's That is sick congrats Celtics Ryan C. There you go, man A blue rookie Clippers Jason Preston 23 of 39 And a red rookie Hornets Scotty Lewis 288. All right, Silver's and then blue yellow greens KG T Wolves jazzes on white side Wizards Thomas Bryant Pelicans Najee Marshall and a Hornets rookie James Book Knight Wizards red choice auto Montrez Harold non numbered Got a red to 88 Gorin Draugage Raptors and blue Mavericks Tim Hardaway Jr. 13 of 39 The Draugage is 52 of 88 All right, Silver's and blue yellow greens got Celtics and has cancer Blazers Anthony Simons Bucks drew holiday Kings buddy Heald and a Kings Chris Weber Nets rookie Otto dare unsharp non numbered Bucks red Ray Allen one of 88 And Rockets blue Christian Wood 34 of 39 Silver's and blue yellow greens Hornets Terros here Pelicans rookie Tremor for the third Pistons Killian Hayes Pelicans Najee Marshall and Cavs Collins Sexton Spurs rookie Otto red Joshua primo non numbered Pelicans red Josh Hart 47 of 88 and blue Pacers the Montess of bonus 27 of 39 in the color match Four boxes left. We got the basketball mixer up next. I think filled up fairly fast Thank you everybody for getting all the breaks filled up tonight Silver's Mavericks Dorian Finney Smith Wizards rookie Isaiah Todd Blue yellow green Pelicans Jonas balance Chewness Kings deer and Fox Rockets rookie Usman Garuba Grizzlies rookie Otto Sonsie Aldama Celtics red and Reggie Lewis 65 of 88 and Sons red Jalen Smith 29 of 88 All right, Silver's and blue yellow greens Pelicans Kira Lewis Jr Raptors Gorin Draugage Mavericks Chris Alex Porzingis Nets Blake Griffin and Rockets Akim Elijah one Spurs Joshua primo rookie Otto again here Bruce Brown Nets red 72 of 88 and Pelicans red Nikhil Alexander Walker 33 of 88 Two more. Let's see something big here. We need a big hit. All right, Silver's and blue yellow greens Rockets Akim Elijah one T-Wolfs Jana McDaniels Pacers TJ Warren Blazers Norm Powell Spurs David Robinson Red choice Otto Grizzlies Brandon Clark Jazz blue Mike Conley 17 of 39 Kings red Rashaun Holmes 11 of 88. Come on man. Let's see a Nebula or like a green Silver's and red or blue yellow greens Bulls Tony Cuckoach Bulls Alex Caruso Hornets PJ Washington Jr Pacers Miles Turner Rockets Jalen green blue yellow green Ice card Rockets Kings rookie Otto Davion Mitchell. There we go non-number Red Thunder Derek favors 32 of 88 and blue warriors Draymond green 23 of 39 There we go, that'll do it. Not the best choice break there guys did have some nice cards Thanks again, everybody. We've got the basketball mixer coming up now


I always say excuses are like buttholes everyone's got one and they all stink Today we're gonna be talking about the BS excuses that you tell yourself that's holding you back from the success that you want and the success that you Absolutely deserve. Here's the thing that I'll say before we dive into it in your life You can either find an excuse or you can find a way Life is is literally that simple if you wanted to you could find a million excuses why you're not succeeding You could and you can legitimate you can make all of those seem as legitimate as possible Or you can just stop making excuse you can find a way and I want to dive into one specific excuse that I hear quite often and As I'm talking about I want to talk about other excuses and one of those excuses that I hear So much. It's almost sickening is that people will use their children as an excuse as to why they are not where they want to be Now this is just one example But if you don't have any children, this will definitely relate to you as well. So keep listening, right? And it's actually quite sickening how often I hear people use their children as the excuse as To why they're not at succeeding at the level that they want to succeed at It's actually insane because they use their children as the excuse and I always say excuses are like buttholes Everyone's got one and they all stink But you can make the decision of just letting go of your excuse if you fully want to and the reason why I Hate this excuse and I hear it too often Is because it's not the children's fault like if you have children and you say oh, I wish I'd if I Didn't have kids anymore I would definitely be able to succeed if I didn't have to feed my children I would definitely able to do this if I didn't have to wake up early In take care of the kids I would definitely have time for myself and the reason why I hate this excuse is because it's not your children's fault to to blame someone else outside of yourself Especially if it's your children is absolutely ridiculous. So let's dive into it and talk about it because number one Your children need to be relieved from the burden that you've put on to them And number two all of you guys who don't have children are still putting your excuses somewhere And that's the thing that you have to rise either you make excuses or you find a way That's all that you really need to know and I will say this if you do have kids Could it be harder to succeed? Probably yes, I will admit that is it impossible to succeed? No I Will admit that when you don't have children to take care of that are taking your time You have more time to invest into your future more time to invest into your business more time to invest into your own personal growth But it doesn't mean that it's impossible Because if you have let's say you have four kids, right? You have four kids and you know, they're all under the age of 10 and you're like man I I really wish I could succeed, but I just don't get enough sleep. I don't get enough time to myself I don't get enough this and this and this Has there ever been Somebody who has a very similar situation to you like four kids under the age of 10 Home school all of them and they still succeeded ever in the history of mankind has there ever been somebody? It's in a very similar situation to you, but they succeeded and what you want to succeed at There's a pretty good chance to answer that question is yes And if they can do it, why can't you do it? What is the difference between you and between them? Because you can either figure out a way to get it done or you can fall back on your excuses and say oh, yeah It's it's because I have children. It's because I don't get enough sleep It's because you know my children wake up at an early time So I can't get time for my own meditation my personal growth even if it's not success It can literally just be your own personal growth. I've heard people say yeah I would meditate more, but I don't have time because I have children Okay, we'll just wake up earlier and just do that Figure out a way to get your children to bed at a time that would be reasonable And then find time for yourself. There's always a way If there's a will there's a way the thing about it is that if it's important to you you'll figure it out So one of the things that I would I would have you start start saying is that just start saying it's not important to me Don't say it's my children's fault.  So instead of saying I don't have time to meditate because I have children Why don't you just say I don't care to meditate? It's not a priority for me See if that starts to change the way that you view it instead of putting the blame outside of yourself Why don't you start taking the blame and putting it inside of yourself? Because one of the things that I found is that most people whenever they're trying to find an excuse They always externalize their excuses and they blame something outside of them because when you blame something outside of out of sight of yourself You can't control most things outside of yourself. So it makes you feel like oh, I'm free because I the blame is put outside of me What in reality if you're starting to notice That you're putting all of your blame and all of your excuses on something outside of you Turn that around and put all the blame on something that is just you. It's not a priority for me I'm not waking up early enough I'm not putting it as the top of my list and start blaming yourself and what you'll notice is when you blame yourself You actually start to take full control of it and when you take full control of it is when you actually start to make changes And so if I were to give you 30 seconds as to why you're not where you want to be why your business is not where you want to be why you're Not making the money that you want to why you're not as happy as you want to why your Marriage isn't where you want it to be why you're not as peaceful as you think you could be why you're not Meditating enough whatever it is If I were to give you 30 seconds right now I guarantee the majority of people right now could come up with 30 excuses as to why they are not exactly where they want to be Whether it's their children whether it's time whether it's their boss whether it's their parents whether it's their spouse the government the president Local businesses authorities, I don't know what the hell you're blaming but you could externalize that like crazy And you could give me 30 reasons why you are not succeeding at whatever level you want to succeed at There's always an excuse there will always be an excuse which makes it hard because if we're good enough salespeople Which we are to ourselves. I always say everyone's a salesperson and the best salesperson is you selling yourself on something You can sell yourself enough to believe your BS excuses You can or you can just make a pact with yourself right now and say I will no longer Externalize any of my excuses. I will no longer make any more excuses and I will put full burden and blame upon myself And nobody else or nothing outside of me And that's when you were start to take control of your life Because there's always an excuse you either find an excuse or you find a way So instead of using for instance your children as a reason why you're not succeeding What if you were to flip that on its head and use your children as the reason why you succeed? So instead of saying I'm not succeeding because I have children that are keeping me up late at night Or they're waking up earlier because I have to homeschool and da da da da da What if you flipped on its head and say I will succeed at the highest level possible because my children deserve it Because I need to succeed for my children. How would that change your viewpoint on the world? How would that change a viewpoint of what you do on a daily basis?  It shouldn't be that way, but it is that way, so If you succeeded a higher level and make more money You're then able to take your children move your children into a better part of town when you move into a better part of town There's a pretty good chance they're going to get a better education if they get a better education as children Will that change the course of their life?    I'm gonna do it for them And if there's one thing that I know by coaching tens of thousands of people is when you can Now this is gonna be tricky because I said you you don't want to externalize your your excuses You want to internalize them and blame yourself? But you do want to try to externalize your why your reason why you're going for whatever it is your success Your happiness your peace your joy if you can go okay I want to make two hundred thousand dollars this year and you say I just want to make two hundred thousand dollars because I Want to succeed and make two hundred thousand dollars you might make it But if you if you were to really sit down and attach The two hundred thousand dollars to how it will change your children's lives being able to take them to different places that they've never Maybe taking them to Australia taking them instead of having them read about Rome What if we were to go to Rome and they were to actually be able to see it? How would that change your life to be able to go on different experiences to be able to see different cultures? How would that change your life versus just you know staying in Oklahoma where you currently are wherever you live?  Would it change your children's lives? Absolutely 100% So, why don't you do it? Why are you still blaming them as the reason why you're not succeeding? Why are you blaming external things? The moment that you decide to turn the mirror on yourself and say no matter what happens in my life I will blame myself for it I will figure out a way to succeed is the moment where you take full responsibility for your life You make the decision that full responsibility is what you're going to do and that's where your life starts to change And what do you do? You go I'm gonna succeed for my children and instead of saying they're the reason why I'm not succeeding I'm going to wake up earlier because it's easy to wake up earlier if I'm trying to do it for them I'm going to stay up later to build my business to leave where I currently am making You know thirty thousand dollars a year because I want to build a hundred thousand all your business It might take a few years to get there. That's okay But I know that I'm doing it for them and when I get to that point, you know what I'm gonna do I'm gonna take my children to Australia I'm gonna let them see a completely different country. I'm gonna take them to Rome I'm gonna take them to Spain I'm gonna get into a better part of town by a house in a better part of town So they get a better education they get a better education. It can completely change the trajectory of their lives So I'm gonna use it as the reason why I will succeed not the excuse as to why I'm not succeeding Now for those of you that are out there that don't have children. How does this relate to you? What excuses are you believing? That are complete BS at this point.  What excuses are you believing in yourself that you keep saying over and over again? Oh, yeah, I don't have enough time I don't have enough energy. I'm too old. I'm too fat My parents never gave me the right mindset. They never loved me. The government doesn't assist me This president that's in the office.  I Could come up with a million excuses you could come up with a million excuses Excuses are always going to be there and we can either believe the excuses and sell ourselves on it Or we can figure out a reason to succeed Life is that simple either you make an excuse or you find a way That's what you need to figure out. Are you making too many excuses as To why you're not where you want to be to make yourself feel better for the current circumstances that you're in or Are you going to wake up and say listen? I don't care where I am Somebody has been in my situation before and has succeeded I'm going to use this as a reason why I will succeed and ultimately I'm gonna do it for myself Ultimately, I'm gonna do it for my family. I'm gonna do it for my children I'm gonna do it for my mom my dad to retire them to get them a new car to put them into a better part of town to be able to afford putting them You know something nicer than nursing home Whatever it is that you want to be able to just have the freedom that I want to provide for my family That is what I want. I'm gonna wake up earlier. I'm gonna stay up later I'm gonna hire a freaking sitter once a week so I can have an entire day just work on myself and work on my business If you want to succeed bad enough, there is absolutely a million reasons why you should succeed Have you written those down on a piece of paper?  Write all of them down write them all down pause me What are all of the excuses that I'm telling myself every single day? That's number one number two Why are all of these lies?  What am I going to find? Externally outside of myself as a reason why I want to succeed is it for myself? Is it for my family? Is it to be able to retire my parents? Is it to be able to buy my parents a house? Is it be able to take my children and put them in a better part of town? Is to be able to take my children to You know go to another country is it to be able to just not have to say to my kids anymore I can't afford it or we don't have enough money and to stop feeling that pain that alone could be enough drive to get yourself moving Because ultimately it's the way life goes either you make an excuse or you find a way but Ultimately, it's all up to you.


The problem that brought me here to testify about is healing from Healing from allergies Ever since I moved to the Tri-Cities seven years ago every summer starting in late June July was torment. I would have a severe allergic reaction to not Tri-Cities, but to the air to the things growing and I would just have itching everywhere Like it would itch under the skin so if you're itching it doesn't help It would just itch my eyes if I would make the mistake of trying to scratch my eyes like I couldn't stop it was just so bad and My nose was running like at night. I had to have a paper towel next to my bed Just took a little stuff on my back and when I would wake up I couldn't just get up because it would just all come rushing out. I mean I have to like literally Just dump all that stuff into the paper. It was it was just really bad everywhere. I went Either to the bank or wherever to the store Just I had to watch myself because I can just start dripping at any time from my nose It was just really annoying.  So it was really Big inconvenience big I would say torment now You might think allergies no big deal a lot of people have allergies especially in Tri-Cities But if you were not if you were to stop taking your medication, you would see that it's torment. It's really really bad and I have prayed So how long did you have these allergies? Seven years seven years and so through those seven years. How did it affect your daily life? I remember you were telling me that you would go to places with Tissue toilet paper up your nose. Is that true? That is correct One one relief was that I figured out that if I stuff my nose with some kind of a tissue and Just breathe through my mouth then the itching goes away It was like a temporary solution and and they wouldn't my nose wouldn't be dripping like all over and where I work is outside City limits where all the brush grows and everything so it'd be really bad and it was just at work I have to take a sample of milk And one of the things that I have to do is I have to smell it I have to if it smells bad or the odor is off I cannot pick up that milk and I could not smell anything because my nose was completely Busy with doing something else. So it was just really it was really a hard It was really it was horrible and I couldn't wait for the month of August because I knew it was gonna be over because that's That's about the time where it ends and so I Prayed every day and I was really like Praying about it really hard and I was actually disappointed that it was not going away. So seven years I don't know what's going on. But this year I Pray with anointing water and then I just I just said Jesus The only way this thing is gonna go away if you remove it. There's nothing I can do There's nothing that doctors can do medication can only kind of kind of make it easier make it more bearable But the only way it's gonna go away if you remove it and if it ever goes away It's cuz you did it and so just kind of you know, if I have to go through three more years five more years I know you will do it. So just kind of Changed my approach and just completely relaxed. We know that healing is just like breathing You just got to trust God and it's not something that you have to force You can't force yourself to be healed. And so when I took that approach by God's grace The month of July came June was ending and nothing and so Towards the end of July, which is right around now. I actually had a thought that you know Maybe it's just the plants are not growing or the crops have been rotated So you're not being affected by the plant that she used to be affected by so you really didn't get healed It's just a coincidence and the minute I thought that for about three days. It came back really hard And I'm like, no, no, no, no, it was a healing. I this is not just a coincidence So it went oh, it's it's gone now and I'm I have I've not taken any medication. I can breathe no running nose. No itchy eyes No torment at night. So just really God has healed me and I'm really grateful. Thank you, Jesus Amen. Amen. Let's put our hands together. Thank you Alex for the wonderful testimony


So, starting off a new vlog, Valerie's here. Hi. And we are going to the Millennium Mall because she's gonna drop me off there so I can wait for her. Now, we're gonna have lunch first.  Yeah, she's gonna feed me.  So, I'm just really, really excited about that. And obviously, I'm going to film a, oh, it's on my iPhone tomorrow. So, that video will probably be a little bit late. Excited, Valerie. You are so welcome. I said, are you excited? Oh, I thought you said thank you. I'm keeping that in there. What, what, what'd you say? Are you excited? Oh, I am excited about you getting your iPhone.  I shouldn't have known. Oh my gosh, I'm in American Eagle and I, with KK Baby J. Hey, hey vlog. Oh my gosh. Okay, so I know I was like freaking out and I really hope this battery doesn't die. They're so nice. I was so in shock that I didn't even know if it was them. But it was just like so cool to meet them and I was like, that has to be them. So, it was them and I'm really, really happy that I got to meet them and it was so nice meeting you guys. So, I'm currently waiting in this big, long line and look at all of these people. This line's not moving, so I think that we'll get the phone but it's kind of like stressing me out. All right guys, we officially made it in the Apple store. So, let's hope I get the phone soon. Okay guys, we're getting closer. Guys, we're finally seated here and everything, looking good. I'm so excited. There it is. We're ready for an unboxing guys. So, we're finally two new goodies because I got the Beats Solo 3 because I exchanged it. Like you guys know I had the two. You have like your receipt and you have like the Solo 2s and then they'll just exchange it for no charge. So, that was really awesome. So, we're driving home now and I was just telling my mom like, today was just such a good day because number one, I met KK and Baby J. I found a penny. I got my little necklace polished and like at the store they offered me water to drink. And I got the iPhone 7. Someone just turned on the brake lights. That's why my face is like this. And I got to exchange my Beats Solo 2 for the 3. So, overall today has just been a like perfect day. I couldn't ask for anything better. My vlog camera eventually did die when I was trying to film this. So, we're just gonna toss that to the side. And I just got out my big camera so I can do this little informal unboxing. This is what the box looks like. Just says iPhone. That's the back and everything. And then it just has an apple here and an apple here.  So, that's what it looks like when you first open the box. And then this like slides out like that. And then this is empty, this little thing. And then you get your Apple stickers. They came out with a new plastic sheet to put the Apple stickers on it. So, I like that. And then it comes with little directions. Welcome to iPhone. That's basically all of that. And here it is in all of its pride and glory. The iPhone 7. So.  And then here comes the little charger. And then here is the new headphones. And then on the back, Apple did provide a little external headphone jack. This is like a very important piece. So, I better not lose it. And I apologize for the lens sound. Yeah, that's just my camera trying to focus. So, that is going to be it for this mini unboxing. I hope you guys enjoyed this. I traded in my Beats Solo Wireless 2 for the three. They released a third generation. Somebody actually told me if you bought them from Apple, then you can just bring in your seat and ask for an exchange. It was a very easy exchange, but I'm just gonna do a quick little informal unboxing of these. Okay. So, already the packaging's like a lot different. That's just like a given. So, the box is black and inside, it's this like cool red color. And same. Okay, this is the same. Change the way you hear sound. So, that's exactly the same like the other ones. Oh my gosh, look it.  Oh my goodness. How cool is that? Okay, so the design is a little bit different. So, that's what the headphones look like. And let's go ahead and see what is on in here. There is this little card, the little booklet, the instruction booklet. The Beats sticker that I got overly excited about, but this time it's red. It's not white. And some more instruction booklets in different languages. And here we have the cord to the headphones like with the mic and everything. And then we have, this is the charger for the Bluetooth capability. And the little clip that goes with the bag. That is going to be it for this little unboxing. Hi guys. So, I'm just coming on here to end the vlog. But anyway, you can see Valerie here in the background. So, that is going to be it for this vlog. Please give it a big thumbs up if you enjoyed it. I was really happy to meet KK and Baby J. I hope you guys enjoyed the little unboxings I did. I think that's about it. I'll see you in my next video. Bye.


In the Marquettes, a stadium in Prague, they're away, no problem this time. Smarslik's made a good one, has got the drop on Ligren. Wuffernan's going high and wide around the outside, hit by Ty Wuffernan, down the back straight, Ty Wuffernan! Oh my goodness me, what a ride that was! But he's got Smarslik all over him. Doyle's come through into third and Ligren's in the back. But Ty Wuffernan, 20 points to him tonight. Well that would put him onto 91 grand pre-points. But Smarslik is quick here. He is indeed, what a first corner for Wuffernan. He made a beautiful start here to gate number three. Smarslik's hunting him down. Gonna say Wuffernan, oh, up the inside. Smarslik pushing hard, can he win? That would have been 38 points out of two nights for Wuffernan. What's wrong there? Here we see Doyle in fact, one left to go. Smarslik's gonna throw everything at this. Yeah, he tries to chop up the inside and he's gonna do Wuffernan here. He's gonna charge up the inside, long track style. And now Wuffernan will try one last move. Gonna get close, gonna get close. Smarslik's done it. Bats on Smarslik has won two grand pre-


Hey, this is Brett and this 2018 Jeep Wrangler Unlimited Rubicon Recon Packages, stock number 23J256A. I'm here at Summit Automotive in Phonelac, Wisconsin, you're new and used Jeep. And Jeep Wrangler headquarters, this 2018 Jeep Wrangler has the 3.6-liter Pentastar V6 engine. It's paired up with the 5-speed automatic transmission. This Jeep has been fully-safetyed and inspected by our service shop per the state of Wisconsin. Inspection process has a fresh oil and filter change, all the fluids have been checked and topped off, and it is 100% ready to go. I'm going to go all the way around in this video inside, underneath, start it up, and take a look under the hood to give you the most accurate representation possible. Black clear coats of color should all my videos in 4K, and if you like my video, you can subscribe to my YouTube channel, which is youtube.com, slash summit auto. Click the bell notifications, you'll get updates on the videos I do each and every day. As well as having access to one of the largest catalogs of vehicle and Wrangler walk-arounds on YouTube. This one comes with the Granite Crystal painted 17-inch alloy wheels. It has BF Goodrich mud-terrain TA tires, they're LT25575R17s, I'd say they have probably about 60% of the tread left, maybe a little bit more, 60-70%. Frame and underbody is in pretty nice shape. This is a one-owner clean title history out of Wisconsin. You get the, with the recon package, you get these heavy-duty decals on there, they're really thick. You also get the recon badge on there as well, coming around to the front. You get the metal bumpers. This one also has the LED light group, which I highly recommend and approve of, LED fog lamps, running lights, and headlights. You get these satin-finished grille with the Granite Crystal inserts. You get these sport-style hood, I didn't see any dents or dings on there. The front bumper is all metal, so that's pretty sweet. You can take these ends off too. Didn't see any dents or dings on the hood, looks like it's in really nice shape. Passenger side front fender is in nice condition, passenger side fender there. You also get the heavy-duty rock rails with the step pads for the recon package. Passenger side front wheel, no scuffs or scrapes on there. As you go down this side of this 2018 Jeep Wrangler, take note of how clean that body is, how reflective and mirror-like that paint is. I take these HD videos, so if you are far away or even if you're close by and you just cannot make the trip down, but you're still interested in purchasing the vehicle, you can see the vehicle, hear the vehicle, and have confidence in what you're looking at before you even get here. So when you do get here, there's absolutely no surprises, and you can make a smart and informed buying decision from wherever you're at. If this video helps you make that buying decision, let your salesman know that you saw the video that was helpful and that Brett sent you. Back wheels in nice shape. Back tires have just about as much tread as the front tires. Framing underbody is in nice shape. The only thing is that skid plate, it must not have undercoated that skid plate very well, but that's what Wisconsin does. You can always just replace those skid plates or just paint those, make them look nice again. Door hinges, I didn't see any major corrosion on those. That's always something that you have to look at as well. And I know you're probably saying, Brett, this is a 2018, this isn't a JL. Well they made the JK and the JL in 2018, so this is the JK package, still the old body style for the 2018 model year. Rear bumper is in great shape, that's the metal bumper as well.  You get the red seat belts, these hard tops they come off, there's four bolts on each side, two quick disconnects. I actually did a video on how to take your hard top off of your JK, if you want to check that video out, that's in the upper right hand part of the screen. Back door is in excellent condition as well, that rear glass goes down like so, and then just shuts like that. On the driver's side, just as clean as I pass in her side, top of the hard top is in nice shape, rear fender is in nice shape, back wheel is in nice shape, and you get those nice step bars on this side as well. Down the rest of the side of the vehicle, doors look good, door hinges look really good, didn't see any major corrosion on there.  With the red stitching, you get the Rubicon stitched into the backrests, no major rips or tears or wear on the seats. Look really good, driver's seat height adjuster, factory all-weather floor mats with the red Jeep logo, axel lock and sway bar disconnect, those are really what make a Rubicon a Rubicon.  Child safety locks on the back doors, will hop inside, check out the miles, the radio and everything that this Jeep has to offer on the interior. You can see that this one does have 54,197 miles, you get the digital speedometer, instrument cluster is very nice and clean, comes with the leather-wrapped multi-function steering wheel, cruise controls on the right, Bluetooth and information center controls on the left and audio controls on the back of the steering wheel, you also get compass and temp display there as well. This one comes with the Uconnect 430N radio, so you get the factory navigation system on there, you can see highway 41, that is working nicely, AM, FM and Sirius XM radio capabilities. You also can store music on here and there's 28 gigs worth of storage space on here as well and how you do that, you just put your CD in and then you can copy that music onto the radio which is pretty sweet. Down here or up here I should say you get this badge telling you about your front and rear axles, front sway bar and transfer case and tires, that's part of that recon package. Down here you get your heated seat buttons, stability control, downhill assist control, hazard lights, also your climate controls and mirror controls, 5-speed auto, 4x4 shifter right there. I just want to show you the key fob, this one does have remote start and the key fobs in really nice condition. Passengers side seat and floor mat are in fantastic condition, smells very clean inside this G, I don't think it's been smoked in and the headliners in great shape are the hard top pieces I should say. Auto dimming mirror and we'll start it up and take a look under the hood. Also check out all those LED lights so let's go do that. I would personally like to thank you for checking out the video today and hopefully from this HD video you've been able to verify the quality and condition of this Jeep all the way around inside and out, you can see just how nice and bright those LED lights are including the fog lights there. Under the hood we have the 3.6 liter Pentastar V6 engine and Jimbe's very clean ones, very smooth. Once again this Jeep has been fully safety to and inspected by our service shop, has a fresh oil and filter change, all the fluids have been checked and topped off. Here's the emissions sticker and this Jeep is 100% ready to go. I would highly recommend this vehicle for make quality and condition standpoint, went mind owning it myself and see more pictures of this Jeep or one of our other 550 new and used cars, trucks, SUVs, minivans, Wranglers, you name it, we've got to go to that website right there, summitauto.com, full pictures and descriptions of every single vehicle all at summitauto.com. If you'd like to check out more HD videos you can go to youtube.com slash summitauto. Click the bell notification so you'll get updates on the videos I do each and every day as well as having access to one of the largest catalogs of vehicle walkarounds and Wrangler walkarounds on YouTube. In fact, in a second you will see a link to subscribe to my YouTube channel on the upper left. A link to more Wrangler videos I've done in the upper right, a link to this vehicle on our website on the lower left and a link to one of our latest YouTube videos in the lower right. Click those check us out and we're super excited to help you with this ultra clean 2018 Jeep Wrangler Rubicon Recon Package in black clear coat. Thanks again for checking out the video remember to like, subscribe and share on the YouTube channel. I really appreciate it. Thanks again.


You're watching FJTN, the Federal Judicial Television Network. The Federal Judicial Center presents Prison Litigation Reform Act Update, an FJTN program for judges, staff attorneys and law clerks. This broadcast is a videotaped and edited version of a lecture presented at the Center's National Workshop for District Judges in Baltimore, Maryland. The lecture was given on August 11, 1999 by Lynn S. Brannum, a visiting professor of law at the University of Illinois College of Law in Champaign, Illinois. I am here today to talk to you about the Prison Litigation Reform Act. Now the Prison Litigation Reform Act was enacted in April of 1996. It had two ostensible purposes. The first purpose was to curb the number of frivolous lawsuits that were filed by prisoners. And the second purpose was to end what Congress perceived as judicial micro-management of correctional systems. To meet that first purpose, what Congress did is erect a number of hurdles that prisoners must cross over before the court will get to the stage of processing, motions to dismiss, summary judgment, et cetera. Now that first hurdle is an exhaustion requirement found in 42 U.S.C. section 1997 E.A. And basically this provision says that no action shall be brought under section 1983 or any other federal law by a prisoner until such administrative remedies as are available have been exhausted. Now to really understand the significance of this provision and some of the issues that are coming before the court, we have to understand and take a look at what exhaustion, the exhaustion provision that preceded the PLRA, because there are some major changes that have been effected by the PLRA. Under the pre-PLA law, exhaustion was discretionary. If the court felt that exhaustion was appropriate and in the interest of justice, the court could require that the inmate exhaust administrative remedies, whereas now exhaustion is mandatory. Secondly, under the prior law, the prisoner could only be required or I should say that adjudication of the claim would only be deferred for 180 days. In other words, if the correctional officials had not processed the grievance within that 180-day period, the stay would be lifted. And all of that, that time cap is now gone in the PLRA. So there are no time limitations on the face of the provision for the processing of these grievances. Third, under the prior law, an inmate could be required to exhaust the grievance procedure only if the process either met certain requirements under a statute known as the Civil Rights of Institutionalized Persons Act or had otherwise been found to be fair and effective by the court. So there were some real substantive requirements that had to be met. Those statutory standards, for example, required that there be expedited processing of emergency grievances. All that language is now gone. There's no longer reference to a need for the remedies to be fair and effective or, as it's said, elsewhere in that pre-PLRA statute, plain, speedy and effective. The only substantive requirement that's on the face of the current exhaustion requirement is that the remedies be available, although that one little word has created an enormous amount of litigation. And then under the pre-PLRA law, the exhaustion provision only applied to state and local inmates and under the current law, the exhaustion requirement also applies to federal inmates. Now there are a number of issues that are raised by this PLRA exhaustion requirement. It is one of the most hotly litigated provisions in the PLRA. One of the questions raised by the PLRA is, is this exhaustion requirement jurisdictional? And thus far, most of the courts have concluded that it is not. And one of the reasons why they have concluded that it's not a jurisdictional requirement, in other words, failure to exhaust does not deprive the court of subject matter jurisdiction, is that there is another provision in the PLRA which provides you with the authority to dismiss a claim because it is a prisoner's claim because it is frivolous, for example, or fails to state a claim. And you can do that even if the inmate has not exhausted administrative remedies. So what the courts have concluded, they've said, well, we wouldn't have the authority to dismiss for frivolousness if the exhaustion requirement was jurisdictional. So again, most of the courts have concluded this is not a jurisdictional requirement. Now, probably the most controversial issue concerned, I'm sorry, raised by the PLRA is this. What if an inmate is seeking damages in a lawsuit, wants to obtain damages in a lawsuit? But damages are not available through the grievance process. Does the exhaustion requirement still apply? And the courts are very much split on this issue. The 5th, 9th, and 10th circuits have concluded that in this particular situation, exhaustion is not required. And let's look at some of the reasons for their conclusion. First of all, these courts that have concluded that exhaustion is not required when the inmate is only seeking damages. And let's give this kind of a practical bent. Let's give a real scenario so we can understand the issue. Let's assume that we have an inmate who's diabetic, and he alleges that because of the deliberate indifference of the medical officials and prison officials to his serious medical need, he had to have a leg amputated. And he wants to sue for damages, but that grievance process or damages are not available, monetary relief not available through that process. Again, must he exhaust? And the courts concluding that he does not have to exhaust have first pointed to the text of the exhaustion provision. Let's go back and take a look at that. They have pointed out that this provision only requires exhaustion of administrative remedies. The provision does not speak of a need to exhaust the institutional grievance procedure. And elsewhere in the PLRA there is a reference to administrative grievance procedure. So these courts are saying that this textual, that this difference in language has substantive import. Secondly, these courts concluding that exhaustion is not needed have observed that in their opinion the purposes of the exhaustion requirement would not be furthered through exhaustion in this context. Now there are two purposes of an exhaustion of administrative remedies requirement. One of the purposes furthered by exhaustion is to protect agency authority. But these courts have opined that agency authority is not protected through exhaustion here because the agency doesn't have any authority to award damages. And secondly, a second purpose served by exhaustion is that it does promote and further judicial efficiency. Of course the hope is that through the exhaustion process the problem will be resolved and you won't be burdened with the prisoner's claim. And basically what these courts have said is that this matter will not be resolved through the grievance process since that inmate who lost his leg cannot get the damages that he is seeking. Do you think that the state sought to change their grievance procedure so they could award damages through an administrative process? Well instead of expressing my opinion let me just tell you that one of the circuits that has concluded that exhaustion is not required when damages are unavailable. The fifth circuit has simply made that point. The fifth circuit has said there is nothing that prevents the prison officials from changing their grievance processes so that monetary relief can be awarded or perhaps there might be some legislative changes that are needed. So again that's really the point that you're making which is the question was whether or not these grievance processes should be changed to permit the award of damages and really the fact that they can be changed is one reason for at least one circuit's belief that exhaustion is not required. And then a final reason for not requiring exhaustion in this particular context these courts have looked at really a body of Supreme Court case law where the Supreme Court has repeatedly said that exhaustion is not necessary when the remedies that are available are inadequate. And probably the case that would be most arguably on point is Rider vs. Cooper which was a case where the plaintiff was seeking monetary relief from the Interstate Commerce Commission. The commission had no power to award that relief and the Supreme Court said exhaustion was not necessary in that particular context. So again we see a number of reasons for the courts on this side who are concluding that exhaustion is not necessary. The 7th and the 11th circuits have concluded that exhaustion is required for the inmate who's seeking damages but monetary relief is not available through the grievance process and here is their reasoning. First they've cited the change in the wording of the exhaustion provision that deletion of the language, the reference to a need for the remedies to be fair and effective. And these courts are saying that the deletion of that language has some substantive meaning. In other words that because Congress deleted that language, Congress intended that prisoners be required to exhaust remedies even when it would be ineffectual, even when maybe it would even be unfair to require exhaustion. That is still something that Congress envisioned. Secondly these courts concluding that exhaustion is still necessary. They've said well exhaustion does have some value even in this context and one reason why it has value is that through the grievance or the processing of that grievance a record will be produced that would be helpful to the judicial processing of the claim. Now whether or not that is a persuasive argument would probably depend on what kinds of records are being produced by the grievance processes and does anybody have any comments on that? Is the paperwork that is being submitted to your court, do you see detailed fact finding coming out of the grievance process? Almost never is one judge's response. Anybody else seeing very detailed fact finding? No. Okay. It's usually just maybe a low summary paragraph. Okay and most there's a small paragraph maybe two, three, four sentences. Invariably these are prepared by, not by lawyers, they're prepared by lieutenant correctional lieutenants, people at that level who are simply extracting a canned result. Okay. There's a book with a set of results. So we're hearing that at least in some states it's really kind of a boiler plate response to the grievance. It's not prepared by lawyers and so at least in some states perhaps the written paperwork coming out of the grievance process may not be so helpful in terms of facilitating judicial review but these courts that have concluded that exhaustion is required have pointed out another value to exhaustion in this context. They have said that although the inmate may not be able to obtain damages through the grievance process or from the grievance process he may be able to obtain some adequate though substitute relief and you might wonder well what would that substitute relief be? It's hard to envision with this inmate who lost his leg what substitute relief would be but for an inmate who is seeking a fairly small amount of damages an example of substitute relief would be this. What inmates want more than anything other than their freedom? Very often what they want more than anything is to be transferred to another prison. They either want to be at a prison that's closer to home or they want to be in a prison that has a lower security level. So the argument of these courts would be that maybe the inmate may not get money but maybe they can work out some kind of a deal and again then the courts won't be burdened with the claim et cetera. Perhaps that's the rationale. And then finally the courts that are concluding that exhaustion is necessary they've expressed a great concern that unless they mandate unless exhaustion is required in this context an enormous loophole will be created and that inmates will just throw in a damages claim and get right into court contrary to the intent of the PLRAS exhaustion provision. Now several years ago I did a study on different ways to reduce the costs of pro se inmate litigation and as part of that study one step that I took I surveyed 13 departments of corrections and I did find that for those departments the only times that they would provide monetary relief to a prisoner they all provide a monetary relief for a prisoner seeking money for lost or damaged property. A few provided money for inmates seeking compensation for miscalculated state pay or commissary charges. But other than that monetary relief was not available through the grievance process so the reality is again usually inmates cannot get money for most of the claims that they would be asserting in court. I think that the the pivotal question here we are of course trying to discern congressional intent and the real question is what did congress intend when it deleted that reference to a need for the remedies to be fair and effective and there are two options one is that the deletion of that language has substantive meaning as we had discussed that congress really intends for prisoners have to exhaust remedies even when it would be ineffectual or even unfair. An inmate is experiencing chest pains and there's not expedited processing for emergency grievances he would still have to exhaust even though it might be ineffective that exhaustion process in addressing the alleged deliberate indifference to his medical needs. So one possibility is that that language change has substantive import the other possibility is that it is procedural in nature and quite honestly I don't know because the legislative history is less than illuminating on this but the other possibility would be that this is procedural let me explain. Typically with exhaustion provisions persons must exhaust administrative remedies unless the plaintiff proves that those remedies are inadequate. Under the pre PLRA law the system was very different prisoners didn't have to exhaust unless the prison officials proved that the grievance process met certain standards so it may be that that language change is simply procedural in nature that it's kind of putting prisoners at a level playing field and that now they have the burden like non-prisoners of proving inadequacy of administrative remedies but certainly a nettles some question confronting the courts. A third issue concerning this exhaustion requirement is whether a state court remedies must be exhausted so must the prisoner not only process his claim through the prison grievance process but also file a tort suit in state court before he can bring the claim in federal court and thus far the courts have concluded that that's not what the exhaustion provision means it's not demanding exhaustion of state judicial remedies their reasoning is grounded on some of the language in the PLRA the legislative history of the PLRA and also a long standing distinction in the law between exhaustion of administrative remedies and exhaustion of judicial remedies yes have you found that lack of exhaustion of administrative remedies is raised very often has there been a study of that my impression is that it is not raised you mean you mean by the by the prison officials that they're claiming lack of exhaustion well I haven't seen it I'd have to say that that it is not frequently but it is an issue that comes up now under the PLRA this isn't this is something that judges are examining suesponte without without any you know exhaustion argument being made by the defense defendants I think it depends on the attorney general but it's raised 98% of the time that they spot a any prisoner petition going through that hadn't been exhausted they're going to raise that same thing is true okay so what we're hearing is in some courts the Bayard exhaust is not coming up as an issue very often and in other courts it is coming up very often yes judge on our court it's a screening process raised by the court suesponte in the screening process right that's very often the case now under the PLRA but this does raise the question of how courts are implementing this exhaustion requirement let me let me just say we even on this issue we do see a split between the courts as to what the prisoners responsibilities are in terms of demonstrating exhaustion the 6th circuit has said that the prisoner has a burden of both pleading and proving exhaustion and the prisoner must attach the administrative decision that demonstrates that exhaustion has occurred to the complaint whereas there are some other circuits and they would be the 5th and 10th circuits which have said that this is a matter which is a resolved or an issue that's resolved based on the pleadings without proof what the 10th circuit has said though is if there is a doubt as to whether or not the prisoner is exhausted the court can direct the prison officials to prepare what is called a martinez report basically come back to the court and report on this issue now two other issues that have come up concerning the exhaustion provision that I want to cover with you and they both relate to delay first the prisoners delay in filing a grievance and here's the question or issue if you look at grievance processes they always have deadlines for the filing of a grievance and the question is this what if the prisoner doesn't meet that deadline can he now come into court and and argue that the court must process the claim because there is no available administrative remedy the prison officials will not process the grievance because he didn't file it in time and that this is obviously there's a concern here that prisoners will just sit on their grievances not not bring them to the prison officials so they can get right into federal court so there is some concern about circumvention of the exhaustion requirement by the prisoners there are a few district decisions coming out of the northern district of Illinois that have held that exhaustion is not required at that point the 6th circuit has said this if the prisoner had notice of the exhaustion requirement he knows he has to exhaust before he can bring that legal claim and he had a quote reasonable opportunity to file that grievance he cannot come into court well that's that's at least a starting point but I think that leaves open the enormous question what is a reasonable opportunity to file a grievance now in many systems the time for filing a grievance is very short it may be for example for to the prisoner may have 14 days from the incident in question to file the grievance so if the prisoner doesn't file the grievance within two weeks does that mean he can't get into federal court that would in effect be a two week statute of limitations and there would be some tension between a holding that bars review the claim in that situation with some supreme court case law which is held that basically held that four month statute of limitations and six month statute of limitations would not be applied to section 1983 suits because that's just too short of a time period very often people won't recognize within four months or six months that they have a compensable constitutional claim so if that is true certainly it would seem two weeks is a short period of time but again it's it's it is a question not as much case law as we would expect because I think it's it is a bit complicated now one thing to look for at least if you're in the 11th circuit some grievance processes permit the department of corrections to wave the deadline so if the general as a general rule the inmate must file the grievance within 14 days but for good cause they may process as grievance if you can show there was good cause for not filing it in time the 11th circuit has occurred that I'm sorry has held that where there is that kind of waiver per provision in the grievance process exhaustion has not occurred unless and until that inmate seeks a waiver of the filing deadline the other issue concerning delay in the processing of grievances would be department of corrections delay very often again the procedures will have deadlines for the processing of those grievances maybe at the institutional level the inmate must receive a response to his grievance within 30 days and then it goes up to the next level and there must be the response within 30 days etc and the question is this what if the correction officials don't meet those deadlines 30 days pass 45 days pass 60 days pass at what point can the inmate get bring his claim to court when his claim his grievance has really gone into some kind of administrative black hole the 5th circuit has erected a bright line rule here and the 5th circuit has held that once the deadline has passed the remedies are deemed exhausted and the prisoner can bring his claim in court now again one potential complexity to look at and it will be important to some courts look to see if in your grievance process there is a provision which says that if the officials at one level haven't processed the grievance in time the inmate at that point can immediately go up to the next level there are some courts that say with that kind of system the inmate must go on to the next level before his remedies administrative remedies will be deemed exhausted so let me stop at this point and see what questions or comments you have about the exhaustion requirement yes sir perhaps I misunderstood what you said at the beginning of your lecture but you were talking about is there a difference between administrative remedies and grievance procedures or what did you do? okay let's let's look at this that is what the exhaustion requirement says that administrative remedies as are available are and this gets to the issue of when damages are not available must the inmate still exhaust and those in those courts that have concluded that exhaustion is not required in that context have said this provision doesn't talk about exhaustion of the institutional grievance procedure it speaks of exhaustion of administrative remedies elsewhere in the PLRA there is a provision that uses that language administrative grievance procedure says an inmate can't sue just because prison officials haven't developed such a procedure so that difference in language are saying because this doesn't refer to exhaustion of institutional grievance procedure exhaustion is not required when damages are unavailable other questions or comments okay there is I think it sort of defeats the rumbles case one of the purposes of the grievance procedure to call attention of the prison officials to the problem and it's sort of too bad that all the prisoner now has to do it just ask for damages and they can bypass that many prisoners as you know their purpose is really not a genuine purpose to pay damages they want to harass somebody or call attention to their plight or something like that right so there is there is the concern again as we and and and I'm we're hearing it from you that inmates will just automatically attach that damages claim to get into court I suppose a rejoinder would be from from the point that was made earlier a response would be that well the correctional officials can just go ahead and make monetary relief available and close up that loophole that really the the ball is in there in their part and again just two very different perspectives on this issue now if inmates cross over that hurdle the second hurdle that they have to cross over would be the filing fee requirements most of you would be very familiar with these requirements there may be some some new judges on the on the bench so I'm going to go through just the basics of this how the courts have resolved the constitutional issue is a segue into a discussion of a more complex hurdle which would be the three strikes provision but basically this is the filing fee requirements it's a two-step process and first there will be an initial partial filing fee that is assessed of when an indigent inmate is bringing is bringing suit and basically what what the court will assess will be 20% of the greater of either the average monthly deposits to the prisoner's account or the average monthly balance in the account over the preceding six month period now let's assume the court does the math and concludes that the initial fee should be three dollars but the inmate has absolutely no money in the trust fund account now and the question is can can the suit proceed well there's a proviso in section 1915 before that says if the prisoner has no assets and no means by which to pay the initial partial filing fee that should not and will not preclude him from having his claim adjudicated now a couple points on this proviso first the seventh circuit has pointed out this this reference to no means in other words there may be no money in the trust fund account but at the inmate has a job and there's going to be money coming in very soon then this proviso doesn't kick in and the court should get get the money before processing the claim another interpretation of this provision comes out of the sixth circuit and the sixth circuit has said if the inmate doesn't have that three dollars we got to go ahead and let him you know get that claim in court but as soon as he gets some money in his account we can withdraw that money out of the account even if it hasn't reached ten dollars and that's that's again the view of the sixth circuit now there's a second step to this the filing fee requirements and those that would be the payment of installments and basically what this provision I've got it I'm going to read it verbatim because there's some the courts are interpreting very differently this provision but basically says that the prisoner shall be required to make the monthly payments of twenty percent of the preceding month's income credited to the prisoner's account and the agency of the having custody of that prisoner shall forward the payments from that account to the clerk of the court each time the amount of the account exceeds ten dollars and the until the filing fees are paid now just to let you know how one circuit is interpreting this provision once again it is the sixth circuit what the sixth circuit is saying is that let's assume again once again we do the math and the prisoner based on the math for the preceding month that comes to the prisoner owes five dollars and what the sixth circuit is saying as soon as there is more money in the account than ten dollars let's assume there's twelve dollars that five dollars can be taken out even though it brings the account down to seven dollars that is how one circuit is interpreting that provision now with this provision like many other parts of the PLRA has provoked a lot of litigation about its constitutionality but thus far on this issue we have a lot of consensus the we have nine circuits weighing in that the filing fee requirements are constitutional the two main objections to the filing fee provisions that are legally based objections coming from the prisoners they're arguing that it infringes on right of access to the courts and then a violation of equal protection and as far as infringing on the right of access to the courts basically what the courts are responding they're saying look this initial fee is quite modest inmates their basic needs are met they are provided with food and medical care and shelter etc the installment provisions don't kick in until there's at least ten dollars in the in the account and then there's some other reasons so again just not finding a great deal of substance to that claim and as far as the equal protection claim of course we know that that very often rises or falls with the courts finding as to whether or not there's a substantial interest that's been a fundamental right that's been impinged by the provision and since right of access to the courts is not unconstitutionally impinged the the courts just have to look to see if there's a rational basis for this differential treatment of prisoners and the courts have said yes that there is and two of the main points that we see coming out of the opinions again this recurring point inmates basic needs are met so it's it's it's entirely rational to have these different requirements filing fee requirements and also inmates have a lot more free time than non-prisoners I know they have a lot more free time than than I do and so that there's a rational basis for again requiring the payment of these fees so again the the constitutional objections just being rebuffed by the courts now let's compare what the courts have said about the filing fee requirements to what they've said about a third hurdle that inmates must must cross in order to get their claims adjudicated by the courts and that is known as the three strikes provision if an inmate on three or more occasions while incarcerated or detained has filed a claim that was dismissed either because it was frivolous malicious or failed to state a claim that prisoner cannot bring a suit in form of papyrus generally so of course what that means generally he must pay that full filing fee hundred fifty dollars of fees filing in the district court in the district court and then would have to pay the full fee on appeal now there is an exception here and it has three parts to it if the inmates claim involves an imminent threat of serious physical injury he can bring that suit in form of papyrus the poor inmate cans but again there's an imminency requirement the injury faced must be serious and it must be physical in nature so the question or one of the questions raised by the three strikes provision is is it constitutional and I guess that gets into the question of is there is you know does the case law regarding the filing fee payments and their constitutionality how persuasive it is or how applicable it is to this constitutional issue now it's it is a it is a bit of a different issue because whereas with the filing fee payments there's that kind of the proviso the caveat that says if the inmate has no money he can get into court there is no such proviso here so there will be some instances for certain types of claims where the indigent inmate with three strikes simply is not going to get his claim into court so the inmate who claims a violation of right to religious freedom who has three strikes and he's poor is not going to get that claim into court so it is a different issue thus far the courts of appeals that have addressed this this issue have upheld the constitutionality of the three strikes provision but what I find very interesting is that we have substantial differences in their reasoning so it does suggest to me that that it is a difficult it is a difficult and complex constitutional question let's look at the different reasonings of the of the courts we do have some district courts that have concluded that is unconstitutional thus far no no court of appeals and and then you give some thought to which court's reasoning you find a most persuasive the fifth and the ninth circuits have upheld the constitutionality of the three strikes provision and basically this has been their analysis they said you know we've looked out at the case law or looked at the case law supreme court case law and we have found that the court has upheld filing fees as long as they do not impact on a claim or I'm sorry as long as they do not impact on a fundamental right or claim involving a fundamental right so for example persons in bankruptcy indigent persons involved in bankruptcy proceedings can be required to pay a filing fee so then the next step in these two circuits analysis was was this the fifth circuit for example looked at the claim that was before the court in this particular case the inmate was challenging his transfer to the administrative segregation unit that's what his claim was all about the fifth circuit said there is no fundamental right to remain in the general population unit of a prison so this case does not involve a fundamental right therefore the filing fee I'm sorry therefore the three strikes provision as applied in this particular case is constitutional now the question about the this line of reasoning is simply it appears as though it's possible in these these circuits you literally on a case by case basis have to analyze the constitutionality in other words in in some prisoners cases there would be no fundamental right implicated by the prisoners claim but in other cases there would be and so in those cases the constitutional analysis and outcome might be very different and what that would require is rather sometimes rather sophisticated analysis before determining whether the three strikes provision bars the inmate from coming into suit I'm sorry coming into court in form of papyrus now the sixth circuit has very different kind of analysis in upholding the three strikes provision basically what the sixth circuit has said analyzing whether or not the provision impinges on the right of access to the courts the sixth circuit has said well it doesn't the three strikes provision doesn't unconstitutionally impinge on right of access to the courts because inmates can still bring their claims in state court so they still have access to courts now to test that that that line of reasoning is is that is that correct and again I don't know until we get definitive word from the Supreme Court you don't know for sure but what what I do know is that there was a Supreme Court case a number of years ago back in the 40s where a prisoner complained because prison officials would scrutinize his complaint or they did scrutinize his complaint they said it doesn't it doesn't meet the requirements that have to be met in order to file suit in federal court the Supreme Court said that that prison official screening of the prisoners legal complaints impinge on the right of access to the courts and here would be the question what if prison officials only screened the complaints as far as those going to the federal court but they let anything any prisoner claims go to the state court would that mean because they have access to the state courts does that mean there would not be an impingement on the right of access to the courts a six circuit did also say that or did intimate that there might be some constitutional problems with three strikes provision six circuit did say to the extent that any provisions of 28 USC the three strikes provision restrict the right to have arguably meritorious claims reviewed those provisions could be deemed unconstitutional and then finally a very different kind of reasoning coming out of the 11th circuit 11th circuit basically said inmates access to the courts is not unconstitutionally impinged because all they have to do is pay the full filing fee does anybody have a response to that to that what would be the response there is no ability to do so right we're talking right now about injured indigent inmates and and but the 11th circuit it was their belief that they acknowledge that the inmate might not be able to immediately pay the full filing fee but they basically said the inmate can save up his dollars or pennies and eventually pay that fee now this is where we see a very very great difference of opinion between judges as far as indigent inmates ability to pay the full filing fee the 11th circuit thinks that this is this is real realistic realistic to expect the district court from the eastern district of arkansas said that this ignores the realities of prison life so share with me and share with us what's happening in your state does anybody know how much prisoners are being paid those that do have jobs how much they are being paid in your in your own states anybody this may not be something that that's come across your desk but does anybody know I've gotten feedback that in one state I know it's seven cents an hour it can be I haven't been in michigan prisons for a while but then it was I think it was 30 cents you can get over a dollar for some prison industries so again whether or not you concur in the reasoning of the 11th circuit may again depend on your perception of one inmates and the facts about what inmates are being paid if they are employed in your particular state the 11th circuit also said inmates right of access to the courts is not unconstitutionally impinged because they can get into court if they claim that they have that they are facing an imminent danger of serious physical injury is a response to that well the reality is there would be some claims where the indigent inmate with three stikes is not facing serious physical injury so he won't be able to get in court such as when there is an impingement on the right to religious freedom there is in the outline a great deal of case law listed about what constitutes a strike I want to highlight two issues here and how the courts are resolving them one is does a claim that was dismissed for example for frivolousness before the PLRA was enacted count as a strike and thus far seven of the circuits have said yes yes that pre PLRA dismissal does count as a strike and then the other question is what happens if we have an inmate with two strikes and then a district court dismisses his claim his third claim for frivolousness the question is can he appeal and inform a popper's status and what most of the courts are holding that have addressed this issue they have held that the district court dismissal does not constitute would not be considered a strike until an appeal has been either saved or exhausted so the inmate can bring that appeal inform a popper's are there any questions about the three strikes provision or comments about that provision yes respect to the retroactivity or the earlier strikes I believe the administrative office or the judicial sector has developed a database it was very useful for federal prisoners that you can find out where they've been and all about the cases that they may have filed and other jurisdictions right so the comment is this gets to again the practical the practical aspects of enforcing this three strikes provision and the AO does have this database setup you can run a search and find out if the prisoner has had other lawsuits in other federal district courts now it's my understanding unless there's been some changes within the past few months that that database does not tell the actual disposition that they'll have to be some kind of follow up there sometimes but at least it's a good first step in trying to ascertain whether or not the inmate has prior strikes the possibility of the state to raise the defense and if they don't it's way as a practical matter that's the other way that this matter is coming before the court the states do have their own records and they'll bring this no doubt they will bring this to the courts attention now this next hurdle that inmates must cross over the PL array provides for suesponte dismissal of inmate claims are frivolous, malicious, a failed to state of claim or seek monetary relief from a defendant who is immune from such damages one of the again most controversial issues and also very important question that's before the courts concerning these screening provisions in the PL array is this can an inmate be afforded does the court have the discretion to afford an inmate the opportunity to amend his complaint before a suesponte dismissal the 6th circuit and the 9th circuits have concluded that the court does not have that discretion that if on the face of the complaint it right now does not state a cognizable claim the court must dismiss the claim or complaint and cannot the inmate the opportunity to amend it