# Dillon v. Rogers

> Court of Appeals for the Fifth Circuit · February 4, 2010 · 596 F.3d 260

URL: https://www.frixlaw.com/law-library/cases/9415231

## Case

- **Full name:** Keith Mark DILLON, Plaintiff-Appellant, v. Brad ROGERS; T.W. Thompson; Sergeant Edwards; Sergeant Walker; Deputy Hartzglou; Lieutenant Hollifield; Thomas Pietsch, Defendants-Appellees
- **Court:** Court of Appeals for the Fifth Circuit
- **Decided:** February 4, 2010
- **Citations:** 596 F.3d 260; 2010 U.S. App. LEXIS 2420; 2010 WL 378306
- **Precedential status:** Published
- **Opinion:** Concurrence by Dennis
- **Judges:** Benavides, Dennis, Elrod
- **Cited by:** 532 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9415231

## How later opinions describe it (automated extraction)

- holding that records showing 53 other inmates had filed grievances during the period in question did not demonstrate that 22 administrative remedy was available to plaintiff
- finding that the record was “fragmentary” on the issue of the availability of remedies and remanding to the district court for discovery and further development of the record
- rejecting the argument that an inmate’s failure to exhaust administrative remedies should be excused based on the “reprehensible” conditions at the temporary facility he was evacuated to following Hurricane Katrina
- concluding that there was a dispute as to availability of remedies where officers told prisoner that he could not file a grievance
- recognizing “the importance of ensuring that inmates have avenues for discovering the procedural rules governing their grievances”

## Opinion text

DENNIS, Circuit Judge,
concurring in part and concurring in the judgment:
I CONCUR in the judgment in this case and CONCUR in the opinion except for Parts IIIC & HID. In my view since the factual record in this case is insufficiently developed this court cannot yet know whether the doctrines of estoppel or “special circumstances” have any applicability. I therefore believe reaching these questions is premature at this stage in the proceedings.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9415231. Public record. Not legal advice.