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LESESNE v. DOE

No. 11-7120.

712 F.3d 584 (2013)

John B. LESESNE, Appellant, v. John DOE, Officer, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided April 9, 2013.

Attorney(s) appearing for the Case

Emily M. May , Student Counsel, argued the cause as amicus curiae in support of appellant. With her on the briefs were Sean E. Andrussier , appointed by the court, and John A. Cosgriff , Jonathan P. Havens , and Matthew P. Mooney , Student Counsel.

John B. Lesesne, pro se, was on the brief for appellant.

Mary L. Wilson , Senior Assistant Attorney General, Office of the Attorney General for the District of Columbia, argued the cause for appellees. With her on the brief were Irvin B. Nathan , Attorney General, Todd S. Kim , Solicitor General, and Donna M. Murasky , Deputy Solicitor General.

Opinion for the Court by Circuit Judge ROGERS.

ROGERS, Circuit Judge.

When John Lesesne filed a complaint against the District of Columbia and others regarding the pretrial conditions of his confinement he was no longer confined. Under the plain terms of the Prison Litigation Reform Act ("PLRA"), 42 U.S.C. § 1997e(a), he therefore was no longer required to exhaust administrative remedies before filing suit. The District agrees that the PLRA exhaustion requirement did not apply to Lesesne but urges the court...

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