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COLLINS v. FOSTER

No. 97, September Term, 1984.

302 Md. 328 (1985)

487 A.2d 1189

WARDEN GEORGE H. COLLINS v. CHARLES FOSTER.

Court of Appeals of Maryland.

February 20, 1985.

Attorney(s) appearing for the Case

Diana G. Motz, Asst. Atty. Gen., Baltimore (Stephen H. Sachs, Atty. Gen. and Zvi Greismann, Asst. Atty. Gen., Baltimore, on the brief), for appellant.

George E. Burns, Jr., Asst. Public Defender, Baltimore (Alan H. Murrell, Public Defender, Baltimore, on the brief), for appellee.

Argued before MURPHY, C.J., SMITH, ELDRIDGE, COLE, RODOWSKY and COUCH, JJ., and James C. Morton, Jr. Associate Judge of the Court of Special Appeals (retired), specially assigned.

SMITH, Judge.

We shall here hold that the District Court may dismiss a claim for failure to exhaust administrative remedies.

The action arose when Charles Foster, an inmate of the Maryland Penitentiary, filed a claim in the District Court against the warden of that institution alleging a lack of dental treatment. Trial was scheduled for September 23, 1983. On September 16, 1983, the warden filed a motion to dismiss, asserting that the District Court was without...

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