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RIVERA v. DRAKE

767 F.3d 685 (2014)

Natanael RIVERA, Plaintiff-Appellant, v. Michael DRAKE, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided September 3, 2014.

Attorney(s) appearing for the Case

Natanael Rivera , Columbia Correctional Institution, Portage, WI, for Plaintiff-Appellant.

Karla Z. Keckhaver , Attorney, Office of the Attorney General, Madison, WI, for Defendant-Appellee.

Before WOOD, Chief Judge, and EASTERBROOK and RIPPLE, Circuit Judges.

EASTERBROOK, Circuit Judge.

Contending that a guard at his prison had sexually assaulted him during a pat-down by inserting a finger in his anus, Natanael Rivera filed this suit under 42 U.S.C. § 1983 seeking damages. Michael Drake, the guard, asked the court to dismiss the suit because Rivera had failed to exhaust administrative remedies, as 42 U.S.C. § 1997e(a) requires. Rivera responded with an affidavit asserting that he had filed an administrative complaint...

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