Talamantes v. Levya, No. 06-55939

In a 42 U.S.C. section 1983 action against jail guards for permitting an attack on plaintiff, dismissal of the complaint is reversed where only those individuals who are prisoners (as defined by 42 U.S.C. section 1997e(h)) at the time they file suit must comply with the exhaustion requirements of 42 U.S.C. section 1997(a).

Read Talamantes v. Levya, No. 06-55939

Appellate Information

Argued and Submitted January 16, 2009

Filed August 6, 2009

Judges

For Appellant:

Jeff Dominic Price, Santa Monica, CA

For Appellees:

John J. Collins, Law Offices of Collins, Collins, Muir & Stewart, LLP, South Pasadena, CA

Douglas Fee, Law Offices of Collins, Collins, Muir & Stewart, LLP, South Pasadena, CA