Read the following excerpt from a US court opinion:
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“excruciating pain in his fingers, face and neck; a swollen face, knee and fingers; black eyes; and a bloody ear”), adopted by, 2010 WL 3636132 (N.D.N.Y. Sept. 9, 2010). Likewise, the subjective prong is fulfilled because, by knowing — whether from seeing his injuries, hearing about the beating, speaking with Nugent, or anything else— about Plaintiffs need to go to an outside medical facility but yet leaving him to suffer in a van for hours, these Defendants were “aware of a substantial risk [of] serious inmate harm” and yet “fail[ed] to act.” Nielsen, 746 (2d Cir.2012) (same), and includes actions for monetary damages despite the fact that monetary damages are not available as an administrative remedy, Booth v. Churner, 532 U.S. 731, 741, 121 S.Ct. 1819, 149 L.Ed.2d 958 (2001) . Moreover, the PLRA mandates “ ‘proper
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What is the most suitable continuation to the opinion? Your options are:
A. holding that it would be inconsistent with congress intent to require exhaustion of optional appeals through state procedures after an aggrieved party has exhausted all administrative remedies expressly prescribed by congress in the administrative procedures act apa
B. holding that exhaustion is required even where the relief sought is not available in the administrative process
C. holding that exhaustion is not required for plaintiffs seeking money damages because damages are unavailable through the administrative process and because all other relief available to the plaintiffs under the idea had already been provided through a settlement agreement
D. holding exhaustion is required regardless of the relief offered through administrative procedures
E. holding that by its terms the idea does not require exhaustion where the relief sought is unavailable in an administrative proceeding under the idea monetary damages are not available so exhaustion is not required
Reply with [A, B, C, D, E] only.