United States Seventh Circuit

Prisoner's allegations of cruel and unusual punishment were improperly dismissed for failure to exhaust administrative remedies. His affidavit stated that he had been unaware that the Administrative Review Board had wanted him to appear in person before it; there is no evidence that he was ordered to appear.

Appellate Information

• Argued 01/12/2004
• Decided 04/02/2004
• Published 04/02/2004

Judges

• POSNER, Circuit Judge., Before POSNER, EASTERBROOK, and KANNE, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• Kara K. Gibney (argued), Mayer, Brown, Rowe & Maw, Chicago, IL, for Plaintiff-Appellant.


• For Appellees:
  
• Brian F. Barov (argued), Office of the Attorney General, Chicago, IL, for Defendant-Appellees.