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Seventh Circuit· 11/22/2011

Pavey v. Conley

Citations

  • 663 F.3d 899
  • 2011 U.S. App. LEXIS 23318
  • 2011 WL 5924408

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • recognizing that the grievance process may be unavailable if prison authorities mislead a prisoner into believing that participating in an internal-affairs investigation will fulfill the grievance requirement
  • holding that participating in an internal-affairs investigation does not exhaust a prisoner’s available administrative remedies under the PLRA
  • participating in an internal-affairs investigation is no substitute for utilizing the formal grievance process and does not satisfy the exhaustion requirement
  • relying on Brown to find that remedies are unavailable when “prison officials misle[a]d” a prisoner into thinking that “the remedy does not exist or inaccurately describe the steps he needs to take to pursue it”
  • When administrative procedures are clearly laid out ... an inmate must comply with them in order to exhaust his remedies.”
  • “The exhaustion requirement is an affirmative defense, which the defendants bear the burden of proving.” (citing Jones v. Bock, 549 U.S. 199, 216 (2007))

Source: CourtListener parenthetical corpus (CC0).

Judges: Wood, Sykes, and Hamilton, Circuit Judges

Read full opinion on CourtListener

Cited by

28 cases in this archive cite this case; the 20 most cited are listed.

Cites

26 cases in this archive are cited by this case; the 20 most cited are listed.

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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.