· 9/8/2005
David Brengettcy v. William Horton, John Daley, Officer Farrow, John Does I-X, and the County of Cook, Illinois
Citations
- 423 F.3d 674
- 2005 U.S. App. LEXIS 19362
- 2005 WL 2155656
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that inmate who filed multiple unanswered grievances exhausted all available administrative remedies even though he did not pursue an appeal
- holding that defendants were not entitled to summary judgment based on failure to exhaust when the prisoner filed his lawsuit five months after he submitted his first grievance and had still received no response
- suggesting that district judge who “was not presented with ‘precisely the same question in precisely the same way’” could reconsider a ruling by her predecessor in the same case
- noting that exhaustion is affirmative defense that defendants have burden of pleading
- assessing whether “new material” presented on summary judgment provided a “compelling reason” for a second judge to revisit an earlier judge’s exhaus- tion ruling at the dismissal stage
- rejecting the argument that the prisoner failed to exhaust where the prison’s policy did not instruct the prisoner on what to do if the officials failed to respond to his grievance
Source: CourtListener parenthetical corpus (CC0).
Judges: Ripple, Manion, Wood
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.