Donald Henderson v. The Secretary of Corrections

Donald Henderson, a state prisoner, filed what was denominated a “medical civil action,” pursuant to 42 U.S.C. § 1983, charging that the failure of Kansas State Penitentiary officials to provide him with prescribed corrective shoes constituted cruel and unusual punishment. Appellant’s pro se complaint seeking, inter alia, damages and release, was treated by the district court as a petition for a writ of habeas corpus. On the ground that he had failed to exhaust administrative and judicial remedies, as required by 28 U.S.C. § 2254(b), the action was dismissed. The question presented by this…