No. 07-1426.

528 F.3d 494 (2008)

Christopher PAVEY, Plaintiff-Appellee, v. Patrick CONLEY, et al., Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided June 5, 2008.

Attorney(s) appearing for the Case

David M. Friebus (argued), Babbitt, Land, Silverstein & Warner, Chicago, IL, for Plaintiff-Appellee.

Thomas D. Quigley (argued), Office of the Attorney General, Indianapolis, IN, for Defendants-Appellants.

Before POSNER, RIPPLE, and MANION, Circuit Judges.

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...

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