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HARDY v. SHAIKH

No. 19-1929.

959 F.3d 578 (2020)

Steven Patrick HARDY, Appellant v. Arif SHAIKH; Julian Guttierez-Molina; Theodor Voorstad; John Does 1-10; Jane Does 1-10; Pennsylvania Department of Corrections.

United States Court of Appeals, Third Circuit.

Opinion Filed: May 20, 2020.

Attorney(s) appearing for the Case

Leticia C. Chavez-Freed [Argued], Chavez-Freed Law, 2600 North 3rd Street, 2nd Floor, Harrisburg, PA 17110, Counsel for Appellant.

Michael C. Hamilton , Emily B. Ryan-Fiore , Tiffany R. Temas [Argued], Weber Gallagher Simpson Stapleton Fires & Newby, Four PPG Place, 5th Floor, Pittsburgh, PA 15222, Counsel for Appellees Arif Shaikh, Julian Guttierez-Molina, and Theodor Voorstad.

J. Bart DeLone , Howard G. Hopkirk [Argued], Josh Shapiro , Office of Attorney General of Pennsylvania, Strawberry Square, Harrisburg, PA 17120, Counsel for Pennsylvania Department of Corrections.

Before: JORDAN, GREENAWAY, JR., and KRAUSE, Circuit Judges.

OPINION OF THE COURT

This case presents the question of whether and under what circumstances a misrepresentation renders a grievance process "unavailable" within the meaning of the Prison Litigation Reform Act ("PLRA"), 42 U.S.C. § 1997e(a). We conclude that the District Court erred in finding that the second...

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