Legal Opinion
Pavey v. Conley
Court of Appeals for the Seventh Circuit
Decided September 12, 2008No. 07-1426PublishedCited by 1,096 opinions
1Opinion of the Court
POSNER, Circuit Judge.
The question presented by this interlocutory appeal under 28 U.S.C. § 1292(b) is whether a prisoner plaintiff in a suit for damages governed by the Prison Litigation Reform Act is entitled by the Seventh Amendment to a jury trial on any debatable factual issues relating to the defense of failure to exhaust administrative remedies. The district court answered yes.
The prisoner filed this suit under 42 U.S.C. § 1983 against guards who he claimed had used excessive force in removing him from his cell, as a result breaking his arm. In their answer the defendants claimed that…
2Cases cited12 opinions
- Jones v. BockSupreme Court of the United States · 2007
- Porter v. NussleSupreme Court of the United States · 2002
- McNutt v. General Motors Acceptance Corp.Supreme Court of the United States · 1936
- Rodosvaldo Pozo v. Gary McCaughtry Randall Gerritson, and David HautamakiCourt of Appeals for the Seventh Circuit · 2002
- Beacon Theatres, Inc. v. WestoverSupreme Court of the United States · 1959
7 more not listed; retrieve them via the Exa API.
3Cited by1,096 opinions
- Juan Albino v. Lee BacaCourt of Appeals for the Ninth Circuit · 2014
- Robert Small v. WhittickCourt of Appeals for the Third Circuit · 2013
- Richard Wagoner v. Indiana Department of CorrectiCourt of Appeals for the Seventh Circuit · 2015
- Dillon v. RogersCourt of Appeals for the Fifth Circuit · 2010
- Pavey v. ConleyCourt of Appeals for the Seventh Circuit · 2011
1,091 more not listed; retrieve them via the Exa API.