U.S. Court of Appeals for the Third Circuit, 2003

The court reversed dismissal of the Natales’ medical-malpractice claim because the alleged failure to determine an insulin-dependent detainee’s medication needs fell within New Jersey’s common-knowledge exception to its affidavit-of-merit requirement.

The court reversed the sua sponte dismissal of Mitchell’s claims and remanded because the conditions claim could not be dismissed for failure to exhaust before defendants were served, and the alleged retaliation was not frivolous.