×
You have 2 more free articles available this month. Subscribe today.
Prison Beating Claim Subject to Exhaustion
Use of force claims are prison conditions claims for purposes of exhaustion.
At 1365: The court treats exhaustion as jurisdictional, interpreting a line in Alexander v. Hawk for more than it probably is worth and ignoring all contrary case law. A statement from the DOC Legal Services Office stating that the plaintiff had filed some sort of complaint against the defendant and they were not going to do anything further about it does not excuse exhaustion Futility is not a defense to non-exhaustion, and pursuing an alternate procedure does not substitute for using the grievance procedure At 1368: The grievance system provides for out-of-time grievances for good cause, so the plaintiff still has a remedy The court does not say what happens if the grievance is rejected for lack of good cause The court rejects the argument that the plaintiff's claim is non-grievable, based on the language of the grievance procedure. See: Dillard v. Jones, 89 F.Supp.2d 1362 (N.D.Ga. 2000).
At 1365: The court treats exhaustion as jurisdictional, interpreting a line in Alexander v. Hawk for more than it probably is worth and ignoring all contrary case law. A statement from the DOC Legal Services Office stating that the plaintiff had filed some sort of complaint against the defendant and they were not going to do anything further about it does not excuse exhaustion Futility is not a defense to non-exhaustion, and pursuing an alternate procedure does not substitute for using the grievance procedure At 1368: The grievance system provides for out-of-time grievances for good cause, so the plaintiff still has a remedy The court does not say what happens if the grievance is rejected for lack of good cause The court rejects the argument that the plaintiff's claim is non-grievable, based on the language of the grievance procedure. See: Dillard v. Jones, 89 F.Supp.2d 1362 (N.D.Ga. 2000).
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
Dillard v. Jones
| Year | 2000 |
|---|---|
| Cite | 89 F.Supp.2d 1362 (N.D.Ga. 2000) |
| Level | District Court |
| Injunction Status | N/A |