Ottis Lee Ham v. Warden Francisco Acosta

Plaintiff, Ottis Lee Ham, a State Prisoner, sued Warden Acosta, claiming that the Warden violated his civil rights by failing to properly train, supervise or discipline a prison guard that Plaintiff alleged injured him through the use of excessive force. Warden Acosta moved to dismiss the Plaintiff’s with prejudice, arguing that Ham had failed to exhaust his administrative remedies in connection with his claim against Warden Acosta, as required by the Prison Litigation Reform Act (PLRA), and that Ham had failed to allege any unconstitutional conduct by the Warden.

The District Court agreed that Warden Acosta had met his burden of proof of showing that the Plaintiff failed to exhaust his administrative remedies as required by the PLRA, and dismissed Plaintiff’s claims against Warden Acosta, with prejudice. The motion was written by HM&B Partner Bradley A. Silverman.