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· 12/20/2013

Roy Fluker v. Kankakee County, Illinois

Citations

  • 741 F.3d 787
  • 2013 WL 6705990
  • 2013 U.S. App. LEXIS 25453

How courts have described this case

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

  • holding that a party that failed to develop a legal argument on appeal regarding the district court’s denial of its attempt to file a second amended complaint had waived the issue
  • holding that a party that failed to develop a legal argument on appeal regarding the district court’s denial of its attempt to file a second amended complaint had waived the issue
  • acknowledging that nothing “prohibits a district court’s progression from the PLRA defense to the merits if the situation properly calls for it”
  • indicating that a grant of summary judgment for failure to exhaust admirative remedies as required by the PLRA should result in a dismissal without prejudice
  • explaining that “dismissal under § 1997e(a) for failure to exhaust must be without prejudice * * * even if exhausting administrative remedies will prove to be impossible”
  • summary judgment for failure to exhaust administrative remedies as required by Prison Litigation Reform Act should result in dismissal without prejudice

Source: CourtListener parenthetical corpus (CC0).

Judges: Durkin, Kanne, Rovner

Read full opinion on CourtListener

Sourced 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.