Natanael Rivera v. Michael Drake
Court of Appeals for the Seventh Circuit
1Opinion of the Court
EASTERBROOK, Circuit Judge.
Contending that a guard at his prison had sexually assaulted him during a pat-down by inserting a finger in his anus, Natanael Rivera filed this suit under 42 U.S.C. § 1983 seeking damages. Michael Drake, the guard, asked the court to dismiss the suit because Rivera had failed to exhaust administrative remedies, as 42 U.S.C. § 1997e(a) requires. Rivera responded with an affidavit asserting that he had filed an administrative complaint on December 16, 2008, the day after the alleged assault. Without deciding whether exhaustion had occurred, a question on which the…
2Cases cited11 opinions
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- Support Systems International, Inc. v. Richard MackCourt of Appeals for the Seventh Circuit · 1995
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- Hoskins v. DartCourt of Appeals for the Seventh Circuit · 2011
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