White v. Bukowski

Dist. Ct. erred in dismissing for failure to exhaust administrative remedies plaintiff-prisoner’s section 1983 action alleging that defendants were deliberately indifferent to her medical needs associated with birth of her baby, where plaintiff alleged that defendants’ delay in taking her to hospital contributed to baby’s birth defects. Plaintiff was not required to file internal grievance in order to proceed with instant case, where: (1) plaintiff had no opportunity to grieve any delay until after any alleged harm done by delay had been completed; and (2) plaintiff was not aware of either deadline for filing grievance or fact that defendant would not be able to entertain any grievance once she was transferred to different facility four days after her return from hospital.