Roblero-Barrios v. Minnesota Department of Corrections, 0:11-cv-02281

Roblero-Barrios was convicted in 1998 of second-degree criminal sexual misconduct for attempting to molest a 6-year-old in a K-mart restroom.
In 2001 he was committed to the Minnesota Sex Offender Program as a sexually dangerous person and sexually psychopathic personality.
In 2007 he assaulted two MSOP security counselors; he was convicted and sentenced to one year of imprisonment.
In 2008 he was admitted to the Minnesota Correctional Facility at St. Cloud (intake facility) and later transferred to Stillwater (MCF-STW) in 2009, where he remains incarcerated.
In August 2011 Roblero-Barrios filed a complaint naming about 40 DOC employees; the court dismissed all but an Eighth Amendment claim against Krippner.
The alleged July 2008 shower incident involved Krippner allegedly handcuffing and pinching Roblero-Barrios, with bruising later observed and an OSI investigation following.

Issue	Plaintiff's Argument	Defendant's Argument	Held
PLRA exhaustion requirement apply to this case	Roblero-Barrios contends he exhausted available remedies	Krippner contends no proper exhaustion occurred	Exhaustion required; not satisfied

Woodford v. Ngo, 548 U.S. 81 (U.S. 2006) (mandatory proper exhaustion under the PLRA)
King v. Iowa Dep’t of Corr., 598 F.3d 1051 (8th Cir. 2010) (requirement of administrative exhaustion governs dismissal)
Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (U.S. 1986) (facts and inference standards for summary judgment)