Richard Shields, as Guardian Ad Litem of Thomas Sanspree, an incompetent person v. Qshequila Ephriam and Felicia Webb

Summary

This Report and Recommendation addresses separate motions to dismiss filed by defendants Qshequila Ephriam and Felicia Webb in an action brought on behalf of a pretrial detainee. The magistrate judge concludes that the plaintiff failed to exhaust available administrative remedies under the Prison Litigation Reform Act and recommends dismissal with prejudice of the federal claims; the document text provided is incomplete and does not include the final disposition of the state-law claims or the signature and date.

Holdings

1. The Baldwin County Corrections Center's grievance procedure was available to Sanspree, and he failed to timely and properly exhaust it before filing his federal claims.
2. The federal § 1983 claims should be dismissed with prejudice for failure to exhaust administrative remedies under the PLRA.
3. After dismissal of all federal claims, the court should decline to continue exercising supplemental jurisdiction over the state-law assault-and-battery claims and dismiss them without prejudice to timely refiling in state court.

Questions Presented

1. Whether Sanspree failed to exhaust available administrative remedies before bringing his § 1983 claims under the PLRA.
2. Whether the Baldwin County Corrections Center grievance process was unavailable because Sanspree lacked kiosk access while in isolation or because investigators allegedly led him to believe that he could pursue charges only after release.
3. Whether the court should decline supplemental jurisdiction over the state-law assault-and-battery claims after dismissal of all federal claims.

Disposition

other