Wednesday, March 21, 2007

Section 1983 Case Remanded

Freeman v. Watkins, 2007 WL 7729273 (3/16/07) - The 10th reverses another ยง 1983 exhaustion denial due to the S.Ct.'s abrogating 10th precedent on the matter in Jones v. Bock, 127 S.Ct. 910 (2007). The 10th gives an out to the d.ct. by noting that, if it is clear from the face of a complaint that the prisoner has failed to exhaust remedies, then the d.ct. can raise the issue sua sponte and seek additional exhaustion information from the prisoner.