United States Fourth Circuit

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Custis v. Davis, 15-7533

In a suit arising from injuries sustained from falling from a top bunk, brought by a prisoner who is missing toes and the Virginia Department of Corrections medical staff required that he be assigned to a bottom bunk in a bottom-tier cell, the district court sua sponte dismissal of the complaint, on the ground that plaintiff failed to properly exhaust his administrative remedies, is vacated where the district court erred when it sua sponte examined plaintiff's exhaustion of available administrative remedies.

Appellate Information

  • Decided
  • Published 2017/03/23




  • United States Fourth Circuit


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