Donald R. Cooney v. C.R. Edwards, Regional Director, Western Bureau of Prisons

Following a disciplinary hearing, Donald R. Cooney, a federal prisoner, was found guilty of insolence towards a staff member and was removed from his prison job as a sanction. Cooney initiated an administrative appeal of this decision, but he decided to forgo administrative remedies when he filed this suit in federal district court. His complaint seeks relief against ten federal employees in both their individual and official capacities. His complaint alleges, among other things, that his Fifth Amendment right to due process was violated because he was neither provided a proper disciplinary hearing nor afforded the procedures to which he was entitled under prison regulations. Cooney also alleges that he was touched by one of the federal employees in an offensive manner. In his complaint, Cooney asks for monetary and in-junctive relief.

Because he did not exhaust the administrative remedies available to him, the district court dismissed Cooney’s complaint. The district court thereby deemed moot Cooney’s motion to require the United States Marshal to effect personal service against two defendants who had not been served. The court did not consider the question of personal…