Michael Nelson v. Rhonda Alleman, et al.

Summary

A United States Magistrate Judge’s Report and Recommendation addresses cross-motions for summary judgment in a 42 U.S.C. § 1983 action brought by pretrial detainee Michael Nelson against Warden Rhonda Alleman and others. The report recommends denying Nelson’s motion, granting Alleman’s motion, dismissing the attorney-visitation claim with prejudice, dismissing the remaining claims with prejudice for failure to exhaust administrative remedies, declining supplemental jurisdiction over potential state-law claims, and closing the action.

Holdings

1. The record established that Plaintiff failed to properly exhaust his administrative remedies before filing suit as to all claims except the claim concerning denial of attorney visits with Longman and Jakuback from August 2022 through March 21, 2023.
2. The recommended disposition concluded that Plaintiff was not entitled to relief on his claim that Alleman denied attorney visits from August 2022 through March 21, 2023.
3. The recommended disposition concluded that Plaintiff failed to identify competent evidence sufficient to create a genuine issue for trial or establish entitlement to summary judgment.

Questions Presented

1. Whether Plaintiff properly exhausted available administrative remedies before filing his § 1983 claims.
2. Whether the denial of attorney visits from August 2022 through March 21, 2023 violated Plaintiff's Sixth Amendment right to counsel or right of access to the courts.
3. Whether Plaintiff presented competent summary-judgment evidence creating a genuine dispute of material fact.
4. Whether the Court should decline supplemental jurisdiction over potential state-law claims after recommending dismissal of the federal claims.

Disposition

other