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Brutality Claims Must Be Exhausted
Excessive force claims are prison conditions claims for purposes of exhaustion; the statutory language is ambiguous but the statutory intent supports this conclusion, especially since force claims often come packaged with other kinds of claims that would have to be exhausted The court rejects the plaintiff's arguments based on the shrinkage of the statutory language from pre-PLRA 1997 and on Supreme Court case law about "conditions of confinement."
Exhaustion is required even if the administrative process doesn't provide damages The futility doctrine has been abolished by PLRA At 748:
As a final consideration, the characterization of administrative referral in this case as 'futile' ignores one of the critical values of 1997e(a) The record in cases brought by prisoners, who are typically proceeding pro se, are often incomplete and require clarification before the court can understand and rule on the issues In the absence of administrative guidance, this clarification is achieved through a time and resource consuming process of court orders and party responses As noted above, administrative review will produce preliminary findings of fact and a record developed in close proximity to the time of the alleged incident giving rise to the suit, which is of value to the district court in comprehending the underlying factual and issues and therefore resolving the matter quickly and efficiently Although a prisoner seeking monetary damages may very well view the prison grievance process as a useless exercise, it is the value of that exercise to the judicial system, and not to the prisoner, that the PLRA was largely designed to effectuate.
At 748 n.9: The plaintiff asked for 90 days to exhaust, but since the statute says "no action shall be brought" without exhaustion, exhaustion is a precondition to suit, and the court is "without power to stay the matter pending its disposition in the prison grievance system." See: Hall v. McCoy, 89 F.Supp.2d 742 (W.D.Va. 2000).
Exhaustion is required even if the administrative process doesn't provide damages The futility doctrine has been abolished by PLRA At 748:
As a final consideration, the characterization of administrative referral in this case as 'futile' ignores one of the critical values of 1997e(a) The record in cases brought by prisoners, who are typically proceeding pro se, are often incomplete and require clarification before the court can understand and rule on the issues In the absence of administrative guidance, this clarification is achieved through a time and resource consuming process of court orders and party responses As noted above, administrative review will produce preliminary findings of fact and a record developed in close proximity to the time of the alleged incident giving rise to the suit, which is of value to the district court in comprehending the underlying factual and issues and therefore resolving the matter quickly and efficiently Although a prisoner seeking monetary damages may very well view the prison grievance process as a useless exercise, it is the value of that exercise to the judicial system, and not to the prisoner, that the PLRA was largely designed to effectuate.
At 748 n.9: The plaintiff asked for 90 days to exhaust, but since the statute says "no action shall be brought" without exhaustion, exhaustion is a precondition to suit, and the court is "without power to stay the matter pending its disposition in the prison grievance system." See: Hall v. McCoy, 89 F.Supp.2d 742 (W.D.Va. 2000).
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Related legal case
Hall v. McCoy
| Year | 2000 |
|---|---|
| Cite | 89 F.Supp.2d 742 (W.D.Va. 2000) |
| Level | District Court |
| Injunction Status | N/A |