United States Sixth Circuit
Cohen v. Corr. Corp. of America, 06-3168
Appellate court's opinion affirming the district court's dismissal of plaintiff's 42 U.S.C. sections 1983, 2000bb, and 2000cc-1 complaint on the ground that plaintiff failed to allege exhaustion of his available administrative remedies prior to filing his complaint is reversed in light of the United States Supreme Court holding in Jones v. Bock, 549 U.S. 199, 127 S. Ct. 910 (2007), that under the Prison Litigation Reform Act, a prisoner is not required to specifically plead or demonstrate exhaustion in his complaint and that exhaustion is not per se inadequate simply because an individual later sued was not named in the grievance.
Appellate Information
- Decided 12/01/2009
- Published 12/01/2009
Judges
Court
- United States Sixth Circuit