Swisher v. Porter County Sheriff’s Dept.

Dist. Ct. erred in dismissing for failure to exhaust administrative remedies plaintiff-pre-trial detainee’s section 1983 action, alleging that he was denied medical care for bullet wound to his abdomen. Although plaintiff had failed to file formal grievance with prison officials regarding said wound, record showed that plaintiff orally informed certain prison officials about his wound, and that said officials told plaintiff not to file formal grievance because plaintiff’s problem with his wound would be resolved informally. As such, plaintiff was not required to file formal grievance prior to filing instant action, where said prison officials invited his noncompliance with grievance procedure.