Failure to File Grievance Results in Dismissal of Inmate’s Claims

April 24, 2017

In Moore v. Walker et al., a jail inmate alleged that a correctional officer violated his constitutional rights by failing to protect him from an attack by other inmates on August 3, 2015.  On defendant’s motion for summary judgment, U.S. District Court Judge Eric Long found that that the inmate failed to exhaust administrative remedies prior to filing suit under the Prison Litigation Reform Act, which requires an inmate to exhaust available administrative remedies before filing a Section 1983 lawsuit.  The Court found that the inmate failed to grieve his complaint. The Court rejected the inmate’s argument that his grievance would have been futile, refusing to relieve him of his obligation under the law. Michael Condon and Anthony Becknek represented the correctional officer.

Moore v Walker

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