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Malik v. District of Columbia, No. 08-7046

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.

Read Malik v. Dist. of Colum., No. 08-7046

Appellate Information

Argued May 1, 2009

Decided August 4, 2009


Opinion by Judge Garland


For Appellant:

David J. Shaw, Georgetown University, Washington, DC

Steven H. Goldblatt, Georgetown University, Washington, DC

For Appellees:

Lori L. Voepel, Jones, Skelton & Hochuli, P.L.C, Phoenix, AZ

Daniel P. Struck, Jones, Skelton & Hochuli, P.L.C, Phoenix, AZ