Nally v. Ghosh

Dist. Ct. erred in dismissing plaintiff-prisoner’s section 1983 action alleging that defendants-prison officials were deliberately indifferent to plaintiff’s diabetic condition by failing to warn him that results of certain blood tests over period of years indicated that he was either diabetic or pre-diabetic, where basis of dismissal was Dist. Ct.’s belief that plaintiff’s complaint was filed beyond applicable two-year limitations period. Plaintiff alleged that he did not learn that his blood glucose counts were dangerously high until late 2010, and instant 2013 complaint was timely since relevant two-year limitations period was tolled during plaintiff’s efforts to pursue required internal prison administrative remedies.