In a 42 U.S.C. section 1983 action alleging excessive force by prison guards, summary judgment for defendants is vacated where plaintiff never pursued a prison grievance process to the "second step" required under La. Admin. Code tit. 22 section 325(G)(4)(a), but the district court failed to permit the parties to conduct discovery concerning exhaustion and the availability of administrative remedies.
Filed February 4, 2010
Opinion by Judge Benavides