· 9/12/2008
Pavey v. Conley
Citations
- 544 F.3d 739
- 2008 WL 4191353
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that, where exhaustion is contested, the court must first determine whether the plaintiff exhausted his administrative remedies before addressing the merits of the case
- holding that, where exhaustion is contested, the court must first determine whether the plaintiff exhausted his administrative remedies before addressing the merits of the case
- concluding that a case should not proceed to pretrial discovery until the PLRA exhaustion is resolved by the district court judge
- holding that, where exhaustion is contested, the court must first determine whether the plaintiff exhausted his administrative remedies before addressing the merits of the case
- holding that disputed factual questions on exhaustion must be resolved by the district court judge after conducting a hearing
- holding that prisoner not entitled to a jury trial on contested issues regarding his failure to exhaust; instead, a hearing before the district court suffices to resolve any such questions
Source: CourtListener parenthetical corpus (CC0).
Judges: Posner, Ripple, Manion
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.