Prisoner’s Rights – Prenatal Care – Deliberate Indifference

By: Derek Hawkins//September 8, 2015//

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Civil

7^th 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

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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