A prisoner filed a pro se, in forma pauperis civil rights complaint against employees of the Louisiana Department of Corrections. The district court denied the defendant's motion for summary judgment. Pre-filing exhaustion of prison grievance processes is mandatory. Underwood has been tacitly overruled and is no longer good law to the extent it permits prisoner lawsuits challenging prison conditions to proceed in the absence of pre-filing administrative exhaustion. The district court's denial of summary judgment is reversed and remanded. 5th U.S. Circuit Court of Appeals, No. 11-31068, 12-12-2012.
Gonzalez v. Seal
December 13, 2012