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Tuesday, November 22, 2011

Ind. Decisions - 7th Circuit issues one Indiana opinion today

In Pavey v. Conley, et al. (ND Ind., Miller), a 12-page opinion, Jude Sykes writes:

In this suit under 42 U.S.C. § 1983, Christopher Pavey claims Indiana prison officials violently roused him from his cell and in the process broke his arm. The defendants insist Pavey’s suit must be dismissed because he failed to exhaust his administrative remedies for the incident. 42 U.S.C. § 1997e(a). This is the third time the case has been before this court. We first held that the question whether Pavey had exhausted his administrative remedies was clouded by disputed issues of material fact. Pavey v. Conley, 170 F. App’x 4 (7th Cir. 2006). Then we held that those disputed facts ought to be resolved by a judge, not a jury. Pavey v. Conley, 544 F.3d 739 (7th Cir. 2008). The district court has since conducted an evidentiary hearing, resolved the factual disputes in favor of the defendants and, accordingly, dismissed Pavey’s suit for failure to exhaust. The question on appeal is whether those findings are clearly erroneous.

We affirm. Pavey has not convinced us that it was clear error for the district court to disbelieve his account of events. And even if his story should have been credited, his own words belie any suggestion that he exhausted his administrative remedies.

Posted by Marcia Oddi on November 22, 2011 03:47 PM
Posted to Ind. (7th Cir.) Decisions