Skip to main content

Are you a legal professional? Visit our professional site

Search for legal issues
For help near (city, ZIP code or county)
Please enter a legal issue and/or a location

Fletcher v. Menard Corr. Ctr., 08-3871

Article Placeholder Image
By FindLaw Staff on October 28, 2010 3:31 PM

Dismissal of inmate's request to proceed in forma pauperis in his civil rights suit against prison employees

Fletcher v. Menard Corr. Ctr., 08-3871, involved an inmate's civil rights suit against prison employees, claiming that defendants violated his federal constitutional rights by using excessive force to restrain him and by recklessly disregarding his need for medical attention.

 

The court affirmed the district court's dismissal of the complaint in concluding that plaintiff could not proceed in forma pauperis.  The court also held that dismissal was proper on alternative grounds as, plaintiff failed to exhaust administrative remedies as exhaustion is explicitly required by the Prison Litigation Reform Act, and there is no exception for prisoners who allege "imminent danger" in order to be excused from having to pay the entire filing fee at the time the suit is brought.

Related Link:

Find a Lawyer

More Options