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SMITH v. ZACHARY

No. 99-4084.

255 F.3d 446 (2001)

Terrence SMITH, Plaintiff-Appellant, v. Robert ZACHARY, James P. Nickerson, Lieutenant, Herman S. Nelson, Graciano Arroyo, James A. Phillips, et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided June 28, 2001.

Attorney(s) appearing for the Case

Jerold S. Solovy, Sunil R. Harjani (argued), Jenner & Block, Chicago, IL, for Plaintiff-Appellant.

Matthew A. Jacober, Lewis, Rice & Fingersh, Belleville, Il, for Defendants-Appellees Marvin King, Steven D. Hoffmeier and Robert Zachary.

Matthew A. Jacober, Lewis, Rice & Fingersh, Michael J. Nester, Donovan, Rose, Nester & Szewczyk, Belleville, IL, for Defendants-Appellees James P. Nickerson and Herman S. Nelson.

Peter R. Maier (argued), Dept. of Justice, Civ. Div., App. Sec., Washington, DC, for Defendants-Appellees Graciano Arroyo and James A. Phillips.

Before POSNER, EVANS, and WILLIAMS, Circuit Judges.

TERENCE T. EVANS, Circuit Judge.

The issue presented in this case is whether a federal prisoner must satisfy the exhaustion requirement of the Prisoner Litigation Reform Act (PLRA) when he claims he was beaten by prison guards. The prisoner, Terrence Smith, argues that his claim — the result of an alleged act of excessive force against him — is exempt from the PLRA's exhaustion requirement because it's outside the scope of the phrase "prison conditions...

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