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Arnold v. Goetz

Court to decide whether booklets given to inmate outline corrections system grievance procedures.

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Judge Knapp

ARNOLD v. GOETZ — Plaintiff David Arnold (“Arnold” or the “plaintiff”) is an inmate at the Green Haven Correctional Facility. Arnold, proceeding pro se, brought this action pursuant to 42 U.S.C. §1983 in order to recover damages for an alleged assault he suffered at the hands of Correctional Officer A. Goetz, Correctional Officer W. Kelly, and Sergeant A. Montegari (collectively the “defendants”). The defendants argue that Arnold failed to exhaust his administrative remedies and thereby failed to satisfy the exhaustion requirement imposed by the Prison Litigation Reform Act of 1995, Pub. L. No. 104-134, Title VIII, §803(d), 110 Stat. 1321-71 (1996) (codified as amended at 42 U.S.C. §1997e(a)) (“PLRA”). As such, they now move to dismiss Arnold’s action pursuant to Rules 12(b)(1) and 12(b)(6) of the Federal Rules of Civil Procedure.

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