Dennis Bargher v. Craig White, et al, 17-30455
Vacate and remand. Plaintiff, a prisoner, brought suit against prison official alleging that they arranged another inmate to attack him and stood by while he was severely injured. District court granted summary judgment with prejudice to Defendant for failure to exhaust administrative remedies. Appeals court found that Plaintiff had failed to exhaust administrative remedies, but the proper disposition was dismissal without prejudice.
- Published 2019/07/01
- United States Fifth Circuit