Shawn A. Dedrick v. Capt. Gene Perrot, et al.

Summary

The court grants Defendant Capt. Gene Perrot's motion for summary judgment in Shawn A. Dedrick's 42 U.S.C. § 1983 action based on failure to exhaust administrative remedies under the Prison Litigation Reform Act. The court relies on Dedrick's unanswered requests for admission concerning the availability and use of the Floyd County Jail grievance process. Claims against Perrot are dismissed without prejudice, while the claims against the remaining defendants proceed.

Holdings

1. A party's failure to respond to requests for admission within the time prescribed by Federal Rule of Civil Procedure 36 results in deemed admissions that may provide the factual foundation for summary judgment. Dedrick's deemed factual admissions established that the jail grievance process was available, that he could have filed a grievance concerning the claims against Perrot within five days, and that he did not do so.
2. Dedrick failed to exhaust available administrative remedies as to his claims against Capt. Perrot, as required by the PLRA.
3. The claims against Capt. Perrot must be dismissed without prejudice for failure to exhaust administrative remedies.

Questions Presented

1. Whether summary judgment was warranted because Dedrick's unanswered requests for admission established that administrative remedies were available and that he failed to timely grieve his claims against Capt. Perrot.
2. Whether the claims against Capt. Perrot should be dismissed without prejudice under the PLRA for failure to exhaust administrative remedies.

Disposition

dismissed