United States Fourth Circuit

In prisoner civil rights action alleging deliberate indifference to medical needs and retaliation, dismissal of complaint for failure to exhaust administrative remedies is reversed in part where: 1) the district court erred in dismissing plaintiff's pancreas claim on the ground that defendants were not named or referenced in the grievance he had submitted regarding his pancreas; 2) the district court violated the mandate from a prior appeal by holding the complaint failed to state a claim for deliberate indifference; and 3) plaintiff's grievance was proper and the district court erred in dismissing his retaliation claim.

Appellate Information

• Decided 02/28/2008
• Published 02/28/2008

Judges

• Before TRAXLER and DUNCAN, Circuit Judges, and JAMES P. JONES, Chief United States District Judge for the Western District of Virginia, sitting by designation.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Thomas Edward Vanderbloemen, Gallivan, White & Boyd, P.A., Greenville, South Carolina, for Appellant.  Elizabeth P. McCullough, Young, Moore & Henderson, P.A., Raleigh, North Carolina;  Yvonne Bulluck Ricci, North Carolina Department of Justice, Raleigh, North Carolina, for Appellees.   ON BRIEF:  Dana H. Davis, Young, Moore & Henderson, P.A., Raleigh, North Carolina, for Appellee Joseph Lightsey.