In an action against prison administrators for indifference to plaintiff's medical needs, summary judgment for defendants is reversed where: 1) no administrative remedies were available for plaintiff to exhaust; and 2) plaintiff, who was acting pro se, was plainly and reasonably confused over whether defendants' summary judgment motion remained pending.
Argued May 1, 2009
Decided August 4, 2009
Opinion by Judge Garland
David J. Shaw, Georgetown University, Washington, DC
Lori L. Voepel, Jones, Skelton & Hochuli, P.L.C, Phoenix, AZ