By: Derek Hawkins//September 8, 2015//
Civil
7th Circuit Court of Appeals
Officials: POSNER, KANNE, and HAMILTON, Circuit Judges
Prisoner’s Rights – Prenatal Care – Deliberate Indifference
No. 14-3185 Wenona White v. Timothy Bukowski
District court dismissal of appellant claim for failure to exhaust administrative remedies improper where no administrative remedies existed.
“Even if the plaintiff had been told upon her return from the hospital that she had only four days in which to file a grievance, that deadline would (as in Hurst) have been unreasonably short for a woman who had just given birth to a severely impaired child. Like the plaintiff in the King case she was effectively prevented from filing a grievance, and so there can be no argument that she failed to exhaust her administrative remedies.”
Reversed & Remanded