Legal Opinion
Victor B. Perkins v. Bill Hedricks
Court of Appeals for the Eighth Circuit
Decided August 14, 2003No. 03-1808PublishedCited by 22 opinions
1Per curiam
Federal Medical Center detainee Victor B. Perkins appeals the district court’s- pre-service dismissal of his civil filing for failure to exhaust administrative remedies under 42 U.S.C. § 1997e(a) of the Prison Litigation Reform Act (PLRA). Having carefully reviewed the record, we conclude dismissal was improper. The exhaustion requirement of section 1997e does not apply, as Perkins appears to be civilly committed and is thus not a prisoner within the meaning of the PLRA. See 42 U.S.C. § 1997e(a) (no action shall be brought with respect to prison conditions by a “prisoner confined in any jail,…
2Cases cited1 opinion
- Page v. TorreyCourt of Appeals for the Ninth Circuit · 2000
3Cited by22 opinions
- Richard A. Kalinowski v. Mike Bond and Jennifer WilsonCourt of Appeals for the Seventh Circuit · 2004
- Michau v. Charleston CountyCourt of Appeals for the Fourth Circuit · 2006
- Sammy Pendleton v. Linda SandersCourt of Appeals for the Eighth Circuit · 2014
- Benjamin Archuleta v. Bill HedrickCourt of Appeals for the Eighth Circuit · 2004
- Emory Alvin Michau, Jr. v. Charleston County, South Carolina Charleston County Detention Center Charleston County Public Defender's Office Julie J. Armstrong, Clerk of Court J.A. Cannon, Sheriff, Emory Alvin Michau, Jr. v. Michael Moore, Director, South Carolina Department of CorrectionsCourt of Appeals for the Fourth Circuit · 2006
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