Cantwell v. Sterling, No. 14-51095 (5th Cir. 2015)
Annotate this CasePlaintiff, a Texas prisoner, filed suit alleging that prison officials were deliberately indifferent to his serious medical needs, causing him injury and violating his constitutional rights. The district court granted summary judgment in favor of defendants. The court concluded that plaintiff's appeal is not frivolous and his motion to proceed in forma pauperis is granted. The court also concluded that further briefing is unnecessary and therefore turned to the merits. In this case, defendants failed to establish that there was an available procedure plaintiff did not exhaust. Without knowing what the applicable grievance procedures is, it is impossible to determine whether plaintiff exhausted them. Accordingly, the court reversed and remanded for further proceedings.
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