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RISHER v. LAPPIN

No. 09-5370.

639 F.3d 236 (2011)

Richard Carlton RISHER, Plaintiff-Appellant, v. Harvey LAPPIN, Director of the Bureau of Prisons, Defendant, Nahem A. Naimey, FCI Memphis Clinical Director, E.J. Prince, FCI Memphis Chief Medical Officer, sued in their individual and official capacities; Jack Joiner, FCI Memphis Safety Manager, Hector Flores, the Facilities Manager, Robert Cook, Construction Foreman for CMS at FCI Memphis, Keith Herndon, General Foreman for CMS at FCI Memphis, sued in their individual capacities; Central Maintenance Services at FCI Memphis, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: March 21, 2011.

Attorney(s) appearing for the Case

ARGUED: Gene C. Schaerr , Winston & Strawn LLP, Washington, D.C., for Appellant. William W. Siler , Assistant United States Attorney, Memphis, Tennessee, for Appellees. ON BRIEF: Gene C. Schaerr , Winston & Strawn LLP, Washington, D.C., for Appellant. William W. Siler , Assistant United States Attorney, Memphis, Tennessee, for Appellees.

Before: MARTIN, BOGGS, and COOK, Circuit Judges.

OPINION

BOGGS, Circuit Judge.

Appellant Richard Risher, a federal prisoner, filed a Bivens action against employees of the Federal Correctional Institute in Memphis ("FCI-Memphis"), alleging that they violated his Eighth Amendment right to be free from cruel and unusual punishment through deliberate indifference to his medical needs. He now challenges the district court's ruling that he failed to exhaust administrative remedies, as required by the...

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