Appellate Litigation Clinic gains victory for client

Monday, October 12, 2020

The Appellate Litigation Clinic recently won its argument before the U.S. Court of Appeals for the Eleventh Circuit in the case McIlwain v. Burnside. The clinic's client filed five grievances after not receiving proper medical care for stab wounds, and the District Court claimed the client failed to exhaust his administrative remedies under the Prison Litigation Reform Act. The Eleventh Circuit judges agreed that the District Court dismissed the case prematurely and instructed the District Court to conduct an evidentiary hearing on the first grievance and make fact findings on the rest that respond to the client’s exhaustion-related arguments. This ruling was featured on Bloomberg Law in the article titled "Georgia Prisoner's Indifference Complaints Revived On Appeal," which was authored by Porter Wells and published 10/9/20.

Read the article