Legal Opinion

Maraglia v. Maloney

District Court, D. Massachusetts

Decided August 16, 2007No. Civil Action 01-12144-RBCPublishedCited by 7 opinions

1Opinion of the Court

MEMORANDUM AND FOURTH ORDER ON MOTION TO DISMISS (#33) (CONVERTED INTO MOTION FOR SUMMARY JUDGMENT)

COLLINGS, United States Magistrate Judge.

I.The Issue Presented

Simply put, the question which the Court must answer in this case is this: if there are disputed issues of fact as to whether a prisoner plaintiff has exhausted his administrative remedies before commencing suit as required by the Prison Litigation Reform Act of 1995 (“PLRA”), 42 U.S.C. § 1997e et seq., and one or more parties have demanded a jury trial, must the disputed issues of fact be put to the jury for resolution, or,…

2Cases cited13 opinions

  1. Jones v. BockSupreme Court of the United States · 2007
  2. Woodford v. NgoSupreme Court of the United States · 2006
  3. Wyatt v. TerhuneCourt of Appeals for the Ninth Circuit · 2003
  4. Raymond W. Snider v. Dr. MelindezCourt of Appeals for the Second Circuit · 1999
  5. Meléndez-Arroyo v. Cutler-Hammer De P.R. Co.Court of Appeals for the First Circuit · 2001

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3Cited by7 opinions

  1. Jensen v. KnowlesDistrict Court, E.D. California · 2008
  2. Richard Hemphill v. Richard IngleseCourt of Appeals for the Fifth Circuit · 2010
  3. ADAMS v. WELLPATH OF MAINEDistrict Court, D. Maine · 2021
  4. ADAMS v. WELLPATH OF MAINEDistrict Court, D. Maine · 2021
  5. Bryant v. RichCourt of Appeals for the Eleventh Circuit · 2008

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