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Justia Daily Opinion Summaries

US Court of Appeals for the Eleventh Circuit
September 11, 2020

Table of Contents

Geter v. Akunwanne

Civil Rights, Constitutional Law

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US Court of Appeals for the Eleventh Circuit Opinions

Geter v. Akunwanne

Docket: 18-14824

Opinion Date: September 10, 2020

Judge: Branch

Areas of Law: Civil Rights, Constitutional Law

Plaintiff, a Georgia inmate at Baldwin State Prison, filed a pro se 42 U.S.C. 1983 complaint alleging, among other claims, that medical staff at the prison failed to give him proper medical treatment in violation of the Eighth Amendment. The district court dismissed plaintiff's claim based on his failure to exhaust administrative remedies. The Eleventh Circuit vacated and remanded for further proceedings on the availability of administrative remedies under Ross v. Blake, 136 S. Ct. 1850 (2016). Although the district court was correct to dismiss plaintiff's argument that his mental capacities made the grievance procedure unavailable, the court held that plaintiff's argument that misleading prison assistance caused his grievance errors should have been considered. In this case, plaintiff alleged and provided some evidence that he received misleading assistance in the prison grievance process.

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