Legal Opinion

Davis v. Warman

Court of Appeals for the Third Circuit

Decided October 1, 2002No. 02-1120PublishedCited by 89 opinions

1Opinion of the Court

OPINION

GARTH, Circuit Judge.

This case presents the question whether a prisoner may bring suit under 42 U.S.C. § 1983 even though he has not exhausted administrative remedies, as a provision of the Prison Litigation Reform Act (“PLRA”) requires. Appellant Anthony Davis appeals from the District Court’s dismissal of his suit for failure to exhaust these remedies.

We affirm.

I

On March 16, 1998, Anthony Davis, an inmate at the Pennsylvania State Correctional Institution at Greensburg, was beaten by another inmate, Duncan Plowden, in the kitchen area where the two inmates were working. This attack…

2Cases cited5 opinions

  1. Porter v. NussleSupreme Court of the United States · 2002
  2. Booth v. ChurnerSupreme Court of the United States · 2001
  3. Douglas Nyhuis v. Janet Reno, Attorney General Eric Holder, Deputy Attorney General Kathleen Hawk, Director-Bop John Hahn, WardenCourt of Appeals for the Third Circuit · 2000
  4. Timothy Booth v. Churner, C.O. Workensher, Sgt. Rikus, Lt. W. Gardner, CaptCourt of Appeals for the Third Circuit · 2000
  5. J.O., on Behalf of C.O., and J.O. v. Orange Township Board of EducationCourt of Appeals for the Third Circuit · 2002

3Cited by89 opinions

  1. Johnson v. PoulinCourt of Appeals for the First Circuit · 2010
  2. ALEXIS v. SESSIONSDistrict Court, D. New Jersey · 2023
  3. ALLEN v. WETZELDistrict Court, M.D. Pennsylvania · 2021
  4. Alberto, Sr. v. Lackawanna County Prison WardenDistrict Court, M.D. Pennsylvania · 2025
  5. Allen v. EckardDistrict Court, M.D. Pennsylvania · 2019

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