PEARSON v. SECRETARY DEPT. OF CORRECTIONS

No. 13-1412.

775 F.3d 598 (2015)

Antonio PEARSON, Appellant, v. SECRETARY DEPARTMENT OF CORRECTIONS; Superintendent Gerald Rozum; Dept. Supt.Sylvia Gibson; Dept. Supt. Steven Gates; Major Daniel Gehlmann; D-Unit Manager Mandy-Jo Biser; D-Unit Manager Mr. Putman; Unit Manager Hunter; E-Unit Manager Edward Mulligan;Allen Joseph, Inmate Program Manager; Capt. Thomas Papuga;Security Captain Leo Glass; CFSM-II Paul Fisher; CFSM-I Donald Lepley; CFSS Joe Reams; CFSI Don Kot; Capt. Griffin; Capt. Peserva, (6-2 Shift); Lt. Regester; Sgt. Clippinger; Sgt. Frank Karl; Sgt. Moore, Warden; Sgt. Ritenour; Co I Troy; Co I Pritts; Co I McKenzie; Co I Krumel; Co I Ackerman; Co I Long; Co I Kimmel; Co I Foust; Co I Gaydis; Sharon M. Burks; Cindy G. Watson; Kristen P. Reisinger; Dorina Varner; Michael P. Wolanin; Edward J. Cwik, Corrections Employment Personel; C.O. I. Singer.

United States Court of Appeals, Third Circuit.

Opinion filed: January 7, 2015.


Attorney(s) appearing for the Case

Jessica C. Collins, Esq. , [argued], Kellogg, Huber, Hansen, Todd, Evans & Figel, Washington, D.C., Attorney for Appellant.

Kemal A. Mericli, Esq. , [argued], Office of Attorney General of Pennsylvania, Pittsburgh, PA, Attorneys for Appellees.

Before: McKEE, Chief Judge, RENDELL, SLOVITER, Circuit Judges.


OPINION OF THE COURT

This appeal requires us to decide whether Pennsylvania's statute of limitations is tolled while a prisoner exhausts administrative remedies prior to filing a civil rights lawsuit as required by 42 U.S.C. § 1997e(a) of the Prison Litigation Reform Act ("PLRA"), or in the alternative, whether...

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