United States DC Circuit

In an action against prison administrators for indifference to plaintiff's medical needs, summary judgment for defendants is reversed where: 1) no administrative remedies were available for plaintiff to exhaust; and 2) plaintiff, who was acting pro se, was plainly and reasonably confused over whether defendants' summary judgment motion remained pending.

Appellate Information

• Argued 05/01/2009
• Decided 08/04/2009
• Published 08/04/2009

Judges

• Before:  GARLAND, BROWN, and KAVANAUGH, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• David J. Shaw, Student Counsel, argued the cause for amicus curiae in support of appellant.   With him on the briefs were Steven H. Goldblatt, appointed by the court, Cecily E. Baskir, Supervising Attorney, and Rupal M. Doshi, Student Counsel.


• For Appellees:
  
• Lori L. Voepel argued the cause for appellees.   With her on the brief were Daniel P. Struck, Paul J. Maloney, and William J. Carter.  Mariana del Valle Bravo entered an appearance.