Thomas v. Reese

Dist. Ct. erred in dismissing for failure to exhaust administrative remedies plaintiff-prisoner’s section 1983 action alleging that defendants-prison authorities used excessive force when handcuffing him for failure to obey guard’s order. Defendant need not exhaust any internal remedies, where record showed that plaintiff did not have access to prison handbook to explain any procedure for filing required grievance, and where prison officials told plaintiff that he could not file any grievance. Moreover, record suggested that administrative remedies were not actually available to plaintiff, where prison handbook indicated that plaintiff could not file any grievance given nature of his claim that only contested manner in which discipline was imposed.