275:170 Texas prisoner was deemed to have exhausted administrative remedies when he properly filed grievance, despite the fact that prison system did not address some of his arguments in its response to his grievance; lawsuit over alleged failure to protect him from assault by another prisoner could proceed. Powe v. Ennis, #98-40234, 177 F.3d 393 (5th Cir. 1999).
     268:55 Prisoner was required to exhaust available administrative remedies before he could pursue lawsuit for money damages over officer's alleged assault on him; unavailability of money damages as a remedy in administrative proceedings did not alter result. Moore v. Smith, 18 F.Supp.2d 1360 (N.D. Ga. 1998).
     » Editor's Note: In the following cases, courts have held that when a prisoner sues for monetary damages, the prisoner does not have to exhaust his administrative remedies because monetary damages are not "available" under prison grievance procedures: Garrett v. Hawk, #96- 1429, 127 F.3d 1263 (10th Cir. 1997); Lunsford v. Jumao- As, #96-56503, 155 F.3d 1178 (9th Cir. 1998); Hollimon v. DeTella, 6 F.Supp.2d 968 (N.D. Ill. 1998); Jackson v. DeTella, 998 F.Supp. 901 (N.D. Ill. 1998); Sanders v. Elyea, 1998 WL 67615 (N.D. Ill. Feb. 10, 1998); Russo v. Palmer, 990 F.Supp. 1047 (N.D. Ill. 1998); Polite v. Barbarin, 1998 WL 146687 (S.D.N.Y. March 25, 1998) (unpublished).
     270:89 Prisoner's failure to exhaust administrative grievance remedies for his claim that correctional officials did not protect him from attack by another prisoner required dismissal of federal civil rights lawsuit; failure to protect claim was a claim concerning prison conditions. Soto v. Elston, 993 F.Supp. 163 (W.D.N.Y. 1998).
     271:103 Prisoner who claimed that he suffered only emotional injury (and no physical injury) when correctional officer allegedly told others that he was "dying of HIV" could not pursue federal civil rights claim; section of Prison Litigation Reform Act barring such suits did not violate equal protection or his right of access to the courts. Davis v. District of Columbia, No. 97-7043, 158 F.3d 1342 (D.C. Cir. 1998).
     274:150 Prisoner's exhaustion of administrative remedies after filing federal civil rights lawsuit over prison work assignment did not excuse his failure to do so prior to filing lawsuit, as required by Prison Litigation Reform Act. Underwood v. Wilson, #97-40536, 151 F.3d 292 (5th Cir. 1998).
     » » Editor's Note: See also Harris v. Gunderman, 30 F.Supp.2d 664 (S.D.N.Y. 1999), ruling that 42 U.S.C. Sec. 1997e(a) of the Prison Litigation Reform Act required the dismissal of a lawsuit filed by a prisoner claiming that correctional officers severely beat him, when the plaintiff prisoner failed to ever file an available administrative grievance concerning the alleged incident.
     [N/R] Provision of Prison Litigation Reform Act concerning exhaustion of administrative remedies did not apply retroactively and plaintiff prisoner had "substantially" complied with exhaustion of remedies requirement. Bishop v. Lewis, #95-15035, 155 F.3d 1094 (9th Cir. 1998).
     [N/R] Prisoner did not have to exhaust administrative remedies before proceeding with federal civil rights lawsuit alleging prison officials failed to protection him from assault by another prisoner, since internal grievance proceeding would not have compensated him for his injuries. Freeman v. Godinez, 996 F.Supp. 822 (N.D. Ill. 1998).
     261:136 Lawsuit alleging that correctional officers themselves assaulted prisoner was not a lawsuit over "prison conditions" requiring the exhaustion of available administrative remedies under the Prison Litigation Reform Act, as lawsuit alleging officers failed to protect prisoner from assault by other inmates would have been. Rodriguez v. Berbary, 992 F.Supp. 592 (W.D.N.Y. 1998). » Editor's Note: In the following cases, prisoners were required to exhaust administrative remedies before pursuing federal civil rights lawsuits: Tafoya v. Simmons, 116 F.3d 489 (Table) (10th Cir. 1997) (inmate must exhaust administrative remedies regardless of whether or not the administrative action is futile); Morgan v. Arizona Dept. of Corrections, 976 F.Supp. 892 (D. Ariz. 1997) (inmate's claim that prisoner officials threatened his safety and allowed other inmates to assault him considered a prison condition and therefore must be grieved); Midgette v. Doe, 1997 U.S. Dist. Lexis 15918, 1997 WL 634280 (S.D.N.Y.) (inmate must exhaust his administrative remedies in a failure to protect claim); Mitchell v. Gomez, 1997 WL 305273, No. C96-3939 FMS, (N.D. Cal. June 2, 1997) (inmate must exhaust administrative remedies for a claim that prison guards incited other inmates to assault him); McCoy v. Scott, 1997 WL 414185, No. C 97-0472 TEH(PR), (N.D. Cal. July 15, 1997) (inmate must exhaust administrative remedies for a claim that prison officials ignored his concerns about problems with his cellmate).
     261:137 Prisoner's federal lawsuit about alleged delay in cataract surgery on his eye dismissed when he could not show that he pursued all administrative appeals available to him in the California correctional system. Alexandroai v. Calif. Dept. of Corrections, 985 F.Supp. 968 (S.D. Cal. 1997).
     [N/R] Prisoner's lawsuit claiming that prison officials retaliated against him after he filed a lawsuit against another prison official was properly dismissed due to his failure to exhaust administrative remedies as required by the Prison Litigation Reform Act. White v. McGinnis, 131 F.3d 593 (6th Cir. 1997).
     237:132 Prisoner's federal civil rights lawsuit against Louisiana prison officials was correctly dismissed for failure to exhaust administrative remedies; prisoner could not be allowed to avoid exhaustion requirement by filing a late administrative grievance after it was time barred, and then using unavailability at that time of administrative process to justify filing suit. Marsh v. Jones, 53 F.3d 707 (5th Cir. 1995). [Cross-references: Inmate Property; Prisoner Injury/Death].
     235:99 Louisiana prisoner's federal civil rights lawsuit seeking both injunctive relief and money damages was properly dismissed by trial court based on prisoner's failure to make a good faith effort, as ordered, to exhaust available state administrative remedies first. Arvie v. Stalder, 53 F.3d 702 (5th Cir. 1995). » Editor's Note: Another federal appeals court reached similar results in two post-McCarthy cases involving federal prisoners' civil rights lawsuits seeking a combination of both injunctive and monetary relief. See Caraballo-Sandoval v. Honsted, 35 F.3d 521 (11th Cir. 1994) and Irwin v. Hawk, 40 F.3d 347 (11th Cir. 1994).