Prisoner Litigation Reform Act’s Exhaustion of Administrative Remedies Requirement: Inapplicable if Grievance Process Unavailable or Prisoner Uninformed
Failing to exhaust one’s administrative remedies is a prevalent affirmative defense in prisoner civil rights litigation.
Attorneys Samuel J. Leib, Douglas S. Knott and Sean M. Gaynor were each individually selected through a peer review process as Wisconsin Super Lawyers in the field of medical malpractice defense.
In Miranda v. Cty. of Lake, 900 F.3d 335 (7th Cir. 2018), the Seventh Circuit held that denial of medical treatment claims by pretrial detainees are no longer subject to the deliberate indifference standard but are to be analyzed under an objective reasonableness standard. This dramatic shift follows similar decisions by the Second and Ninth Circuit Courts of Appeals.