Legal Opinion
Dan S. Hessbrook v. M.C. Lennon, Jr., D.A. French, and J. Saxman
Court of Appeals for the Fifth Circuit
Decided January 30, 1986No. 84-1075PublishedCited by 44 opinions
1Opinion of the Court
GARWOOD, Circuit Judge:
Appellant is a federal prisoner. His Bi vens 1 action seeking monetary damages, and no other relief, for an alleged violation of his Eighth Amendment rights was dismissed without prejudice by the federal district court for his failure to exhaust administrative remedies. We affirm the holding that exhaustion is required, but remand for consideration of whether the suit should be held in abeyance, with jurisdiction retained, pending exhaustion, rather than being presently dismissed.
Facts and Proceedings Below
Appellant Dan S. Hessbrook is a federal prisoner incarcerated in…
2Cases cited17 opinions
- Estelle v. GambleSupreme Court of the United States · 1976
- Bivens v. Six Unknown Named Agents of Federal Bureau of NarcoticsSupreme Court of the United States · 1971
- Bell v. WolfishSupreme Court of the United States · 1979
- Parratt v. TaylorSupreme Court of the United States · 1981
- Davis v. PassmanSupreme Court of the United States · 1979
12 more not listed; retrieve them via the Exa API.
3Cited by44 opinions
- McCarthy v. MadiganSupreme Court of the United States · 1992
- Fuller v. RichCourt of Appeals for the Fifth Circuit · 1994
- Clyde E. Williamson, D/B/A Triangle 44 Farms v. United States Department of AgricultureCourt of Appeals for the Fifth Circuit · 1987
- Kay K. Simmons v. Stephen F. WillcoxCourt of Appeals for the Fifth Circuit · 1990
- Dr. Emory M. Ghana v. J. T. HollandCourt of Appeals for the Third Circuit · 2000
39 more not listed; retrieve them via the Exa API.