Rivera v. Drake

Dist. Ct. did not abuse its discretion in dismissing plaintiff-prisoner’s section 1983 action against defendant-prison guard as sanction for lying (in affidavit and in live testimony) that he had filed written prison grievance regarding subject matter of his section 1982 claim so as to satisfy requirement that he exhausted his administrative remedies prior to filing instant lawsuit. Prison records did not reveal existence of said grievance, although said records contained over 100 other grievances from plaintiff, and plaintiff had previously indicated that he had made only oral complaint about said 1983 claim that defendant had sexually abused him during pat-down search. Ct. further found that plaintiff’s misconduct in committing perjury is sufficient to warrant dismissal of his section 1983 claim and referred matter to U.S. Attorney for consideration of bringing criminal perjury charges against plaintiff. It also issued Rule to Show Cause directing plaintiff to explain why it should not fine him for his misconduct.