Jarvis Juwan Jackson v. Collins, et al.

Summary

The court grants defendants’ motion for summary judgment in Jarvis Juwan Jackson’s prisoner civil-rights action arising from an inmate assault at Red Onion State Prison. The court holds that Jackson failed to exhaust available administrative remedies under the Prison Litigation Reform Act because his regular grievance was untimely and he did not appeal its rejection. The court also denies Jackson’s motion to transfer, construed as a request for preliminary injunctive relief, and dismisses the action.

Holdings

1. Defendants were entitled to summary judgment because Jackson did not properly exhaust the administrative remedies available through the Virginia Department of Corrections grievance procedure.
2. The administrative remedies were not shown to be unavailable. Rejection of the grievance as untimely did not excuse exhaustion, and the type of relief available through the grievance process did not alter the exhaustion requirement.
3. Jackson was not entitled to preliminary injunctive relief requiring a transfer because he was unlikely to succeed on the merits and his transfer request concerned matters outside the issues in the lawsuit.

Questions Presented

1. Whether defendants were entitled to summary judgment because Jackson failed to properly exhaust available administrative remedies under the Prison Litigation Reform Act.
2. Whether Jackson's untimely grievance and rejection of his request for medical photographs rendered administrative remedies unavailable.
3. Whether Jackson was entitled to preliminary injunctive relief requiring transfer to another prison facility.

Disposition

dismissed