UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT
March 15, 1985
DENNIS, JOSEPH, APPELLANT
MILLER, WARDEN, CONRATH, LT., CRERAND, SOS, HESS, C.O.
APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA (D.C. Civil No. 84-0870) District Judge: Honorable William J. Nealon, Jr.
Before: WEIS, HIGGINBOTHAM and ROSENN, Circuit Judges.
MEMORANDUM OPINION OF THE COURT
WEIS, Circuit Judge.
Plaintiff was an inmate at the federal penitentiary at Lewisburg, Pennsylvania. he filed this Bivens-type action against the defendants, alleging that he was assaulted by three guards. he also alleged that his life was in danger. Damages as well as declaratory and injunctive relief were sought.
The district court directed plaintiff to file an amended complaint, setting out how his life was being threatened and by whom. When plaintiff failed to elaborate on his initial allegations, the court dismissed the suit because of failure to exhaust administrative remedies.
After the district judge had filed his order, this court filed its opinion in Muhammad v. Carlson, 739 F.2d 122 (3d Cir. 1984). In that opinion, we held that since the Bureau of Prisons was not empowered to grant damages in a Bivens case, there was no requirement that administrative remedies be exhausted before bringing such a claim to court.
The Muhammad case controls here, and accordingly we will vacate the judgment of the district court and remand for further proceedings.
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