Davis v. Hernandez

by
Plaintiff, a Texas inmate, filed suit claiming that jail staff used excessive force against him, causing him injury in violation of his constitutional rights. The district court granted summary judgment to defendants. The district court concluded that plaintiff failed to satisfy the statutory prerequisite under the Prison Litigation Reform Act, 42 U.S.C. 1997e(a), of exhausting available administrative remedies prior to filing suit. The court reversed and remanded, holding that there is evidence in the record that jail staff misled plaintiff as to the jail’s grievance procedures and there is no evidence that plaintiff knew or reasonably should have known the correct procedures. View "Davis v. Hernandez" on Justia Law