United States Tenth Circuit
Kikumura v. Osagie, 04-1249
When prison regulations are silent on the issue and in the absence of notice to a prisoner stating that they are required to identify wrongdoers in their grievance, a grievance satisfies the PLRA's exhaustion requirement so long as it provides prison officials with enough information to investigate and address the inmate's complaint internally. Dismissal of a prisoner's suit making Eighth Amendment and state tort claims against prison officials and the government, arising from injuries he sustained during his imprisonment, is affirmed in part and reversed in part.
Appellate Information
- Decided 09/08/2006
- Published 09/11/2006
Judges
- McCONNELL, Circuit Judge., Before KELLY, HENRY, and McCONNELL, Circuit Judges.
Court
- United States Tenth Circuit
Counsel
- For Appellant:
- Yu Kikumura filed a brief, pro se., Richard L. Gabriel (Brittany J. Nelson with him on the briefs) of Holme Roberts & Owen LLP, Denver, CO, for Plaintiff-Appellant in Supplemental Briefing.
- For Appellees:
- Kathleen L. Torres, Assistant United States Attorney, (John W. Suthers, United States Attorney, with her on the Answer Brief, William R. Leone, United States Attorney, with her on the Supplemental Answer Brief) Denver, CO, for Defendants-Appellees.