×
You have 2 more free articles available this month. Subscribe today.
Charging Prisoner for Injured Guard’s Medical Expenses Upheld
Charging Prisoner for Injured Guard's Medical Expenses Upheld
The plaintiff complained that money was taken out of his account to pay medical expenses of an officer injured in a disturbance he was disciplined for, and that the procedures were deficient. However, the existence of state tort remedies bars this claim.
The plaintiff's placement in segregation for nearly four years after a disciplinary hearing was not atypical and significant under Sandin. At 796: "The length of time spent in the RHU, standing alone, does not state a claim under the Due Process Clause. ... Payton has not alleged that his treatment in the RHU was in any way atypical from that of other inmates in the unit, or that he is being punished in retaliation for exercising a constitutional right."
Exhaustion of appeals concerning misconduct charges did not satisfy the PLRA exhaustion requirement as to the decision to keep plaintiff in administrative segregation after his disciplinary sentence or as to the alleged improper withdrawal of funds from his inmate account At 797: "If it does not appear from the complaint that all administrative remedies are exhausted, the court should dismiss the case, without prejudice and without requiring a defendant to reply The Sixth Circuit has adopted a rule requiring plaintiffs, whose suits fall under 1997e, to 'allege and show that they have exhausted all available state administrative remedies' Brown v Toombs, 139 F3d 1102, 1104 (6th Cir1998)." (Most courts outside the Sixth Circuit have not adopted this rule.) See: Payton v. Horn, 49 F.Supp.2d 791 (E.D.Pa. 1999).
The plaintiff complained that money was taken out of his account to pay medical expenses of an officer injured in a disturbance he was disciplined for, and that the procedures were deficient. However, the existence of state tort remedies bars this claim.
The plaintiff's placement in segregation for nearly four years after a disciplinary hearing was not atypical and significant under Sandin. At 796: "The length of time spent in the RHU, standing alone, does not state a claim under the Due Process Clause. ... Payton has not alleged that his treatment in the RHU was in any way atypical from that of other inmates in the unit, or that he is being punished in retaliation for exercising a constitutional right."
Exhaustion of appeals concerning misconduct charges did not satisfy the PLRA exhaustion requirement as to the decision to keep plaintiff in administrative segregation after his disciplinary sentence or as to the alleged improper withdrawal of funds from his inmate account At 797: "If it does not appear from the complaint that all administrative remedies are exhausted, the court should dismiss the case, without prejudice and without requiring a defendant to reply The Sixth Circuit has adopted a rule requiring plaintiffs, whose suits fall under 1997e, to 'allege and show that they have exhausted all available state administrative remedies' Brown v Toombs, 139 F3d 1102, 1104 (6th Cir1998)." (Most courts outside the Sixth Circuit have not adopted this rule.) See: Payton v. Horn, 49 F.Supp.2d 791 (E.D.Pa. 1999).
As a digital subscriber to Prison Legal News, you can access full text and downloads for this and other premium content.
Already a subscriber? Login
Related legal case
Payton v. Horn
| Year | 1999 |
|---|---|
| Cite | 49 F.Supp.2d 791 (E.D.Pa. 1999) |
| Level | District Court |
| Injunction Status | N/A |