Legal Opinion

Terrence Smith v. Robert Zachary, James P. Nickerson, Lieutenant, Herman S. Nelson, Graciano Arroyo, James A. Phillips

Court of Appeals for the Seventh Circuit

Decided June 28, 2001No. 99-4084PublishedCited by 100 opinions

1Opinion of the Court

TERENCE T. EVANS, Circuit Judge.

The issue presented in this case is whether a federal prisoner must satisfy the exhaustion requirement of the Prisoner Litigation Reform Act (PLRA) when he claims he was beaten by prison guards. The prisoner, Terrence Smith, argues that his claim — the result of an alleged act of excessive force against him — is exempt from the PLRA’s exhaustion requirement because it’s outside the scope of the phrase “prison conditions” under the Act.

In 1996 Smith filed this suit pro se1 seeking $3.5 million in damages for allegedly being beaten, in 1995, by prison guards in…

2Cases cited16 opinions

  1. Booth v. ChurnerSupreme Court of the United States · 2001
  2. Food & Drug Administration v. Brown & Williamson Tobacco Corp.Supreme Court of the United States · 2000
  3. Davis v. Michigan Department of the TreasurySupreme Court of the United States · 1989
  4. Eduardo M. Perez v. Wisconsin Department of Corrections and Michael J. SullivanCourt of Appeals for the Seventh Circuit · 1999
  5. Jimmy Walker v. J.T. O'brien, and Joseph W. Finfrock v. Craig A. HanksCourt of Appeals for the Seventh Circuit · 2000

11 more not listed; retrieve them via the Exa API.

3Cited by100 opinions

  1. Porter v. NussleSupreme Court of the United States · 2002
  2. Curtis L. Dale v. Harley G. LappinCourt of Appeals for the Seventh Circuit · 2004
  3. Peter Lewis v. Odie Washington, Director, Illinois Department of Corrections, Mary Nichols, Richard Gramley, Lieutenant Shaw, and Lieutenant JonesCourt of Appeals for the Seventh Circuit · 2002
  4. Robert Foulk v. Ronald Charrier, Lieutenant Charrier Individually and in His Official Capacity, United States of America, Intervenor Below-AppellantCourt of Appeals for the Eighth Circuit · 2001
  5. Shaun R. Johnson v. Officer Ruben Rivera, Officer Matthew Martinez, Officer Geoffrey Howard, and Officer William PellegriniCourt of Appeals for the Seventh Circuit · 2001

95 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API