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California Court of Appeal


Parthemore v. Col, C072611

Dismissal of plaintiff-inmate's action against defendant, an optometrist under contract with the Department of Corrections and Rehabilitation (DCR), is affirmed, where: 1) the trial court correctly ruled that plaintiff's complaint must be dismissed for failure to exhaust administrative remedies; 2) plaintiff's obligation to exhaust the administrative remedies available to prisoners concerning the medical treatment they receive is independent of the obligation to comply with the Government Claims Act; and 3) plaintiff's failure to exhaust his administrative remedies is not excused.

Appellate Information

  • Decided 12/06/2013
  • Published 12/06/2013

Judges

  • HULL

Court

  • California Court of Appeal

Counsel

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