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Civil Rights opinion

Bivens Claim Failure to Exhaust Administrative Remedies Availability of Grievance Process

Plaintiff, a federal inmate, appealed from the summary judgment dismissal of his Bivens claim against defendant, a physician assistant at plaintiff’s federal correction center. Where plaintiff had failed to exhaust his administrative remedies where he could not show the unavailability ...

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Civil Rights: 42 U.S.C. §1983-Conversion of Pet Animal-Violation of Procedural Due Process

Plaintiff filed a §1983 suit against defendants in their individual and official capacities, alleging they violated his right to procedural due process when they spayed and gave away for adoption plaintiff’s pet German Shepherd that had escaped from plaintiff’s home, ...

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Civil Rights: 42 U.S.C. §1983-False Allegations of Improper Search-Claim of Retaliation

Plaintiff, an inmate, appealed from the district court’s grant of summary judgment to defendants in plaintiff’s §1983 action. Where there was sufficient evidence to find in disciplinary proceedings that plaintiff made false statements in a claim for damages arising from ...

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Civil Practice: 42 U.S.C. §1983-Deliberate Indifference to Medical Needs-Failure to Provide Toothpaste

Plaintiff appealed from the adverse grant of summary judgment in his action alleging that prison officials were deliberately indifferent to his medical needs when they failed to provide him with toothpaste during his administrative segregation, causing him to suffer swelling ...

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