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Parzyck v. Prison Health Servs., Inc., No. 09-12483

By FindLaw Staff on December 13, 2010 5:39 PM

Action Alleging Indifference to Prisoner's Medical Need

In Parzyck v. Prison Health Servs., Inc., No. 09-12483, an action by a prisoner alleging that prison medical personnel were deliberately indifferent to his serious medical needs in violation of the Eighth Amendment, the court reversed the dismissal of the complaint for failure to exhaust administrative remedies where plaintiff demonstrated meticulous respect for the department of corrections' administrative grievance procedures and gave prison officials ample opportunity to respond internally before defendant was brought into court, and thus plaintiff complied with the letter and purpose of 42 U.S.C. section 1997e(a)'s exhaustion requirement.

  • As the court wrote:  "Joseph Parzyck, III, a Florida prisoner, appeals the dismissal without
    prejudice of his third amended complaint for failure to exhaust administrative remedies pursuant to 42 U.S.C. § 1997e(a), which was enacted as part of the Prison Litigation Reform Act ("PLRA"). Parzyck filed a pro se 42 U.S.C. § 1983 complaint alleging that prison medical personnel were deliberately indifferent to his serious medical needs, in violation of the Eighth Amendment."

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