Pavey v. Conley, No. 10-3878 (7th Cir. 2011)
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Petitioner sued under 42 U.S.C. 1983, claiming that Indiana prison officials violently roused him from his cell and in the process broke his arm. After a second remand, the district court resolved the factual disputes in favor of defendants and dismissed the suit for failure to exhaust administrative remedies by filing a complaint within 48 hours. The Seventh Circuit affirmed, finding that it was not convinced that it was clear error for the district court to disbelieve petitioner's account of events and that petitioner's own words belie any suggestion that he exhausted his administrative remedies.
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