PAVEY v. CONLEY

No. 07-1426.

544 F.3d 739 (2008)

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

United States Court of Appeals, Seventh Circuit.

Decided June 5, 2008.

As Amended on Denial of Rehearing and Rehearing En Banc September 12, 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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