Pavey v. Conley

Dist. Ct. did not err in dismissing for failure to exhaust internal administrative remedies plaintiff-prisoner's section 1983 action alleging that defendants-prison officials used excessive force by rousing him from his prison cell and breaking his arm. Record showed that plaintiff had failed to file internal complaint within applicable 48-hour deadline. Dist. Ct. could properly credit testimonies of prison officials, who claimed that plaintiff never requested their assistance for initiating any internal complaint within 48-hour deadline. Fact that plaintiff had discussed his ailments with prison officials within 48-hour period, or that he participated in subsequent internal affairs investigation of underlying incident was immaterial.