Antonio Maholmes, Jr. v. Conner Monk, Pete Borchardt, Kevin Orzech, Dane Mathwich, Jodie Wilhelm, Bradley Weeks, and James Zimmerman

Summary

The United States District Court for the Western District of Wisconsin denied defendants' motion for summary judgment in Antonio Maholmes, Jr.'s civil rights action alleging an unlawful strip search and excessive force. The court held that defendants had not shown that the Lincoln County jail's grievance process was available to Maholmes before the filing deadline, particularly because he alleged that he lacked grievance forms and writing materials.

Holdings

1. Defendants were not entitled to summary judgment because they failed to meet their burden of showing that Maholmes did not exhaust available administrative remedies.
2. The defendants could not obtain summary judgment because the record did not establish that the grievance process was available to Maholmes before the filing deadline.

Questions Presented

1. Whether defendants were entitled to summary judgment because Maholmes failed to exhaust the jail's grievance procedure.
2. Whether the grievance procedure was available when Maholmes allegedly lacked access to grievance forms and writing utensils before the filing deadline.

Disposition

other