Michael Lindsey v. Wyatt Weadge, Jake Laxton, Zachary Waldera, Kalvin Schwartz, Maria Lemieux, Andrew Hulce, Dane Esser, Erica Collins, and Marlesha Fishnick

Summary

The United States District Court for the Western District of Wisconsin grants defendants’ motion for summary judgment in Michael Lindsey’s prisoner civil-rights action. The court holds that Lindsey failed to exhaust available administrative remedies under the Prison Litigation Reform Act because his appeal of the dismissal of his inmate complaint was untimely. The court directs the clerk to enter judgment and close the case.

Holdings

1. Lindsey failed to exhaust available administrative remedies because he did not timely appeal the dismissal of his only potentially relevant inmate complaint within the period required by Wisconsin's Inmate Complaint Review System.
2. Defendants were entitled to summary judgment because there was no factual dispute that Lindsey failed to complete the required administrative appeal and therefore failed to exhaust his claims.

Questions Presented

1. Whether defendants established on summary judgment that Lindsey failed to exhaust available administrative remedies under the PLRA by failing to timely appeal the dismissal of his only potentially relevant Wisconsin inmate complaint.
2. Whether failure to complete the required administrative appeal required dismissal of Lindsey's Eighth Amendment and state-law negligence claims.

Disposition

dismissed