On appeal, the U.S. Court of Appeals for the 11th Circuit considered Howell?s argument that the statute of limitations should be tolled because the guards had precluded him from exhausting his administrative remedies by not answering his grievances. Since such exhaustion was a prerequisite to filing suit, Howell argued that the statute of limitations should be tolled for the time it took him to do so.
The 11th Circuit found the record to be inadequate to decide the matter and remanded the case to the district court for fact finding and conclusion on the issue. See: Howell v. Proctor, 136 Fed.Appx. 267 (11th Cir. 2005).
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Related legal case
Howell v. Proctor
|Cite||136 Fed.Appx. 267 (11th Cir. 2005)|
|Level||Court of Appeals|