United States Third Circuit

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Pearson v. Secretary Department of Corrections, 13-1412

In this prisoner rights violation case, the statute of limitations was not tolled while plaintiff-prisoner exhausted his administrative remedies prior to filing this lawsuit. Dismissal of plaintiff's complaint for untimeliness is reversed and remanded, where: 1) the Prisoner Litigation Reform Act is a statutory prohibition under Pennsylvania's tolling statute; 2) on remand, the district court must determine whether plaintiff exhausted his administrative remedies on all of his 42 U.S.C. section 1983 claims; and 3) if, on remand, the court finds that plaintiff exhausted his administrative remedies, then the court must determine the period of time that was tolled during exhaustion and whether the section 1983 claims are timely.

Appellate Information

  • Decided 01/07/2015
  • Published 01/07/2015

Judges

  • Sloviter

Court

  • United States Third Circuit

Counsel

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