Jerome Small v. Estate of K. Kauffman

Summary

The United States District Court for the Middle District of Pennsylvania granted the Defendant’s motion for summary judgment in Jerome Small’s First Amendment retaliation action. The court held that Small failed to exhaust available administrative remedies under the Prison Litigation Reform Act before filing suit and ordered judgment for the Defendant.

Holdings

1. Because Plaintiff did not file the separate responsive statement required by Local Rule 56.1, the material facts asserted by Defendant were deemed admitted.
2. A prisoner must properly exhaust all available administrative remedies before bringing a federal action concerning prison conditions, and Plaintiff failed to satisfy that prerequisite before filing this action.
3. Plaintiff's unsupported assertion that he was denied a grievance form did not create a genuine dispute of material fact and did not excuse his failure to exhaust.

Questions Presented

1. Whether Defendant was entitled to summary judgment because Plaintiff failed to properly exhaust available administrative remedies before filing his prison-conditions action.
2. Whether Plaintiff's unsupported assertion that he was denied a grievance form created a genuine dispute of material fact regarding exhaustion.

Disposition

other