Lesesne v. Doe, et al, No. 11-7120 (D.C. Cir. 2013)Annotate this Case
Plaintiff filed a complaint against the District of Columbia and others regarding the pretrial conditions of his confinement. The District agreed that the the Prison Litigation Reform Act (PLRA), 42 U.S.C. 1997e(a), requirement did not apply to plaintiff but urged the court to affirm the grant of summary judgment on his federal claims for failure to exhaust. The court joined its sister circuits and held that the PLRA exhaustion requirement did not apply because plaintiff was not a "prisoner" at the time he filed his complaint. Summary judgment was therefore inappropriately granted on his federal claims. As to his intentional infliction of emotional distress (IIED) claim, the court held that it had been abandoned because neither plaintiff's proposed amended complaint nor amicus brief, which he adopted, referenced that claim, and his pro se appellate brief provided no argument why the dismissal should be reversed. Accordingly, the court reversed in part and remanded plaintiff's federal claims to the district court. The court otherwise affirmed the judgment.