Frederick Stampone v. Noah Nagy, et al.

Summary

The United States District Court for the Eastern District of Michigan partially accepts and adopts a magistrate judge’s report and recommendation concerning motions for summary judgment in Frederick Stampone’s prisoner civil rights action. The court grants in part and denies in part Defendants’ summary-judgment motion based on exhaustion of administrative remedies and denies Plaintiff’s cross-motion. The court concludes that evidence of Plaintiff’s requests for Step II grievance forms creates a genuine issue of material fact regarding whether the grievance process was available to him.

Holdings

1. The magistrate judge did not violate the party-presentation principle by addressing whether the grievance process was available because Stampone raised the related concept of futility and referred to his complaint.
2. An unverified complaint cannot be considered Rule 56 evidence to create a genuine dispute of material fact at summary judgment.
3. The Step I grievance documents constituted sufficient evidence capable of being presented in admissible form and created a genuine issue of material fact as to whether the grievance process was unavailable to Stampone.

Questions Presented

1. Whether the district court could consider the availability of administrative remedies when Stampone raised futility and referred to allegations in his complaint.
2. Whether the record contained competent evidence creating a genuine dispute of material fact as to whether the grievance process was available to Stampone.
3. Whether Stampone's unverified complaint could itself establish a genuine dispute of material fact at summary judgment.
4. Whether the parties' cross-motions for summary judgment should be granted or denied in whole or in part.

Disposition

other