Feeonquay Jenkins v. Elizabeth Doe #1, CPT. Eric H. Peters, LT. Ethan D. Marczewski, LT. Dylan Hoffstatter, SGT. Lukas Robertson, SGT. Joseph Kraus, Michael Dotson, Jarron V. Bankhead, John Doe #2, and Timothy Houg

Summary

The United States District Court for the Western District of Wisconsin denied defendants’ motion for partial summary judgment based on Feeonquay Jenkins’s alleged failure to exhaust administrative remedies under the Prison Litigation Reform Act. The court held that Jenkins’s grievance concerning threats of ongoing sexual abuse and related failures to intervene was timely under Wisconsin’s exception for complaints involving sexual abuse or sexual harassment. The court also denied Jenkins’s motion to quash as moot and directed the clerk to amend the case caption and schedule a new conference.

Holdings

1. Jenkins's grievance concerning Marczewski's alleged threats of ongoing sexual abuse fell within Wis. Admin. Code § DOC 310.08(1), which permits an inmate complaint concerning sexual abuse or sexual harassment to be filed at any time. Jenkins therefore timely exhausted his administrative remedies on that claim.
2. Jenkins timely exhausted his related claims against Houg and Elizabeth Doe #1 for failing to intervene in Marczewski's alleged threats of sexual abuse.
3. Defendants were not entitled to partial summary judgment because the record did not establish that Jenkins failed to exhaust his administrative remedies.

Questions Presented

1. Whether Jenkins's claim that Marczewski threatened future sexual abuse was timely exhausted under Wisconsin's exception allowing complaints concerning sexual abuse or sexual harassment to be filed at any time.
2. Whether Jenkins's related claims against Houg and Elizabeth Doe #1 for failing to intervene in the alleged threats of sexual abuse were timely exhausted under the same exception.
3. Whether defendants were entitled to partial summary judgment on their PLRA exhaustion defense.

Disposition

other