Mumin v. T-Netix Telephone Co.

Irwin, Judge.

I. INTRODUCTION

Dukhan Iqraa Jihad Mumin and Vicky Marie Kitt (collectively Mumin) appeal from an order of the district court dismissing Mumin’s civil rights action brought pursuant to 42 U.S.C. § 1983 (2000). Mumin brought the action challenging the legality of the Nebraska prison system’s contract with T-Netix Telephone Company (T-Netix) for the Nebraska prison telephone system. The district court dismissed Mumin’s petition after finding that Mumin had failed to exhaust all administrative remedies and that such failure was a jurisdictional defect. On appeal, Mumin points to the…