United States Fifth Circuit

In a 42 U.S.C. section 1983 suit brought by a prisoner alleging that he was sexually assaulted by a prison guard, dismissal of the suit for failure to exhaust administrative remedies is affirmed where: 1) the district court did not err in applying the Prison Litigation Reform Act's (PLRA) exhaustion requirement to plaintiff's section 1983 claims; 2) administrative remedies were available to plaintiff at the relevant time, and he was required to exhaust them under the PLRA; 3) plaintiff's administrative remedy procedure (ARP) request was untimely; and 4) dismissal of his state law claims with prejudice was proper due to his untimely ARP filing.

Appellate Information

• Decided 10/24/2006
• Published 10/25/2006

Judges

• PER CURIAM:, Before SMITH, WIENER, and OWEN, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Charlotte Charity McDaniel, Donna Unkel Grodner, Grodner & Associates, Baton Rouge, LA, for Johnson.


• For Appellees:
  
• Stacey Wright Johnson, Baton Rouge, LA, for Defendants-Appellees.