00-853 Porter v. Nussle

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In the prison environment, a specific incident may be symptomatic of a systemic problem, rather than aberrational. Nussle urges that his case could be placed in the isolated episode category, but he might equally urge that his complaint describes a pattern or practice of harassment climaxing in the alleged beating. It seems unlikely that Congress, when it included in the PLRA a firm exhaustion requirement, meant to leave the need to exhaust to the pleader’s option. Cf. Preiser, 411 U.S., at 489-490. Moreover, the appeals court’s disposition augurs complexity; bifurcated proceedings would be normal thereunder when, for example, a prisoner sues both the corrections officer alleged to have used excessive force and the supervisor who allegedly failed adequately to monitor those in his charge. Finally, scant sense supports the single occurrence, prevailing circumstance dichotomy. For example, prison authorities’ interest in receiving prompt notice of, and opportunity to take action against, guard brutality is no less compelling than their interest in receiving notice and an opportunity to stop other types of staff wrongdoing.

Reversed and remanded.

Local effect:

The decision is consistent with current Seventh Circuit law, Smith v. Zachary, 255 F.3d 446 (7th Cir. 2001).

Ginsburg, J.