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Denial of HIV Medications Claim Dismissed for Failure to Exhaust

The plaintiff complained of an interruption of his HIV medications at a county jail where he spent five days He did not utilize administrative remedies there At 1166: "An inmate must allege and show that he has exhausted all available remedies" The court refers both to "kites" to medical staff and to the grievance procedure, both of which are set out in the inmate handbook The plaintiff says that he never got a copy of the Inmate Handbook though he asked for it, that he did send in kites (though there is no record of them), and he was not offered any grievance forms or advised he could file a grievance He had been at the jail at least three times and had used the kite system Defendants said there was a copy of the handbook available on his unit The court grants summary judgment for defendants. See: Overton v. Claussen, 65 F.Supp.2d 1165 (D.Colo. 1999).

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Related legal case

Overton v. Claussen