Opinion
99 Civ. 9549 (GEL)
February 26, 2002
OPINION AND ORDER
In this action pursuant to 42 U.S.C. § 1983, William Fletcher, a New York State prisoner, sues several correctional officers he claims used unnecessary and excessive force against him. Defendants move to dismiss on the ground that Fletcher has failed to exhaust his administrative remedies within the New York State Department of Correctional Services ("DOCS"). Under the Supreme Court's decision today in Porter v. Nussle, No. 00-853, 2002 "ML 261683 (Feb. 26, 2002), defendants are correct and the case must be dismissed.
I
42 U.S.C. § 1997e(a) provides that:
No action shall be brought with respect to prison conditions under section 1983 of this title, or any other Federal law, by a prisoner confined in any jail, prison, or other correctional facility until such administrative remedies as are available are exhausted.
It may seem strange to apply this provision to the present lawsuit. In normal English usage, the claim that a guard on a single occasion used excessive force — in violation not only of constitutional commands but of DOCS's own regulations — would seem to be a complaint not about "prison conditions" but rather about a particular isolated incident. Nevertheless, the Supreme Court has taken a different view, holding that the requirement does indeed apply to a suit such as this.Nussle, 2002 WL 261683 *5-10. It is not for this Court to judge the persuasiveness of the Supreme Court's reasoning, but only to follow what the Supreme Court says is the command of the statute. This lawsuit, therefore, can only proceed after Fletcher has exhausted any available administrative remedies, including all appellate remedies provided within the system. Booth v. Churner, 121 S.Ct. 1819, 1822 (2001). Moreover, this requirement must be met as of the time the complaint was filed. Neal v. Goord, 267 F.3d 116, 123 (2d Cir. 2001). Thus, even if Fletcher has by now completed all available appeals, the acknowledged fact that he had not done so before filing this complaint requires that the case be dismissed and Fletcher be required to pursue any remaining appeals before returning to this Court.
For these reasons, the complaint is dismissed.