Wheeler

Wheeler v. Townsend

Good Law
100 F. App'x 670
United States Court of Appeals for the Ninth CircuitJune 4, 2004No. 01-35838; D.C. No. CV-01-00274-MHWCalifornia658 words

Opinion

Lead Opinion

*671 MEMORANDUM *

Idaho state prisoner Roland H. Wheeler appeals the district court’s dismissal of his 42 U.S.C. § 1983 complaint, which alleged that Ralph Townsend and other Idaho Department of Corrections officials (hereinafter “Townsend”) failed to provide him with adequate medical care and violated the Americans with Disabilities Act, 42 U.S.C. § 12101 et seq., as well as section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794 . The district court sua sponte dismissed Wheeler’s complaint, without prejudice, under 42 U.S.C. § 1997e(a) of the Prisoner Litigation Reform Act (“PLRA”) for failure to adequately plead exhaustion of all available administrative remedies. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we find that the district court erred in sua sponte dismissing Wheeler’s complaint for nonexhaustion.

Wheeler is a fifty-one year-old disabled man who suffers from back and leg pain, as well as other chronic health conditions including heart trouble and asthma. On December 12, 2000, Wheeler entered the Idaho State Correctional Institution (“ISCI”) in Boise, Idaho. Wheeler alleges in his complaint that, during the intake process, ISCI guards locked him to…

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