Tyler L. Milton v. Hinton, Mayfield, Klang, and Sukowaty

Summary

The court partially grants defendants’ motion for summary judgment based on failure to exhaust administrative remedies under the Prison Litigation Reform Act and Wisconsin law. It dismisses without prejudice the plaintiff’s federal and state medical-care claims but denies summary judgment on his failure-to-protect claims. The court also grants extensions of time and resets the dispositive motions deadline.

Holdings

1. Milton failed to properly exhaust his administrative remedies because he filed the medical-care grievance outside the ordinary fourteen-day deadline and did not establish good cause for the additional delays after his release from observation. The federal and state medical-care claims were therefore dismissed without prejudice.
2. Defendants failed to prove that Milton did not exhaust his administrative remedies for the failure-to-protect grievance. The motion for summary judgment was denied as to those claims.
3. An evidentiary hearing under Pavey v. Conley was unnecessary because defendants submitted no evidence raising a material dispute of fact regarding the failure-to-protect grievance.

Questions Presented

1. Whether Milton exhausted available administrative remedies for his federal and state medical-care claims.
2. Whether Milton exhausted available administrative remedies for his Eighth Amendment failure-to-protect claims.
3. Whether an evidentiary hearing was necessary to resolve the exhaustion issue under Pavey v. Conley.
4. Whether the dispositive-motions deadline should be amended and whether defendants should respond to Milton's discovery motions.

Disposition

other