WAGONER v. LEMMON

No. 13-3839.

778 F.3d 586 (2015)

Richard WAGONER, Plaintiff-Appellant, v. Bruce LEMMON, Commissioner of the Indiana Department of Corrections, and Indiana Department of Corrections, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided February 4, 2015.

Rehearing and Rehearing En Banc Denied March 2, 2015.


Attorney(s) appearing for the Case

Kent L. Hull , Attorney, Indiana Legal Services Incorporated, South Bend, IN, for Plaintiff-Appellant.

Kyle Hunter , Attorney, Office of the Attorney General, Indianapolis, IN, for Defendants-Appellees.

Before WOOD, Chief Judge, and POSNER and MANION, Circuit Judges.


This appeal requires us to revisit the rule imposed by the Prison Litigation Reform Act (PLRA) requiring a prisoner to exhaust any available administrative remedies before challenging her conditions of confinement in a federal court. See 42 U.S.C. § 1997e(a). Often exhaustion (or its lack) will be apparent, but when it is...

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