Schlemm v. Pizzala

In section 1983 action by plaintiff-prisoner, alleging that defendant-prison officials wrongfully disciplined him for theft in retaliation for registering administrative complaints against them, Dist. Ct. found that plaintiff failed to properly exhaust his administrative remedies, and thus dismissed plaintiff’s case as time-barred because: (1) it was filed beyond applicable six-year limitation period; and (2) Wisconsin statute that would have tolled instant limitation period for time spent by plaintiff to exhaust his administrative remedies did not apply. Ct. of Appeals, though, in remanding matter to Dist. Ct., noted that defendants have now abandoned claim that case was time-barred because plaintiff had improperly exhausted his administrative remedies. Moreover, while defendant asserted different statute of limitations defense, they waived said claim because they had failed to raise it in Dist. Ct.