At 544: "Given the extensive amount of discussion already devoted to the question of the PLRA's administrative exhaustion requirement, reinvention of the wheel is unnecessary" The court buys exhaustion when the prisoner seeks only damages that are not recoverable from the grievance system.
The plaintiff's allegations of an assault by another inmate do not state a claim. He alleged that the stationing of officers at the location where he was attacked shows knowledge of a risk, and that the officers' absence when he was attacked show deliberate indifference, but he fails to allege facts showing that either defendant was deliberately indifferent. At 546: "... [A]n inmate must do more than allege a generalized danger or negligent failure to respond to such danger. Rather, [he] must provide a court with particularized allegations from which it could be concluded that the Defendants' failure to offer protection was accompanied by a sufficiently culpable state of mind." (Whither notice pleading?) See: Edney v. Karrigan, 69 F.Supp.2d 540 (S.D.N.Y. 1999).
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Related legal case
Edney v. Karrigan
|Cite||69 F.Supp.2d 540 (S.D.N.Y. 1999)|