Bargher v. White, No. 17-30455 (5th Cir. 2019)Annotate this Case
Plaintiff, an inmate, filed a 42 U.S.C. 1983 action against prison officials, alleging that they arranged for another inmate to attack him and stood by while the other inmate severely injured him. While the action was pending, plaintiff was released from prison. The district court granted summary judgment for defendants and dismissed plaintiff's claims.
The Fifth Circuit vacated and held that fact issues remain as to whether the prescription period was suspended and, thus, as to whether plaintiff's claims were timely. Because the court additionally held that plaintiff failed to exhaust administrative remedies, the proper disposition was therefore dismissal without prejudice. Accordingly, the court remanded with instructions to dismiss the claims without prejudice to his ability to refile now that he was no longer bound by the exhaustion requirements of the Prison Litigation Reform Act.
The court issued a subsequent related opinion or order on July 2, 2019.