In a 42 U.S.C. section 1983 action against jail guards for permitting an attack on plaintiff, dismissal of the complaint is reversed where only those individuals who are prisoners (as defined by 42 U.S.C. section 1997e(h)) at the time they file suit must comply with the exhaustion requirements of 42 U.S.C. section 1997(a).
Argued and Submitted January 16, 2009
Filed August 6, 2009
John J. Collins, Law Offices of Collins, Collins, Muir & Stewart, LLP, South Pasadena, CA