Neal v. Goord

CARDAMONE, Circuit Judge:

There are two questions on this appeal where the issue before us is the propriety of the dismissal of plaintiffs amended complaint. The first question asks whether a prisoner’s claim of an alleged deprivation of medical services must be administratively exhausted before relief may be sought in federal court. The answer to that question hinges on whether the action of which the inmate complains is properly classified as a single, momentary matter — for example, an individualized retaliatory action against him or a particularized instance of excessive force — in which…