No. 23-6142

Fathiree Ali v. Steven Simmons, et al.

Lower Court: Sixth Circuit
Docketed: 2023-11-30
Status: Denied
Type: IFP
Response WaivedIFP
Tags: administrative-remedies civil-rights due-process exhaustion exhaustion-requirement grievance-procedure judicial-review plra prison-litigation-reform-act ross-v-blake
Key Terms:
Environmental SocialSecurity Securities Immigration
Latest Conference: 2024-01-05
Question Presented (from Petition)

WHEN ASSESSING WHETHER PRISON ADMINISTRATORS MADE THE GRIEVANCE PROCEDURE UNAVAILABLE BASED ON THE THREE CIRCUMSTANCES IN ROSS V BLAKE, (1) WILL ALL FINDINGS OF THWART MISCONDUCT WARRANT RELIEF TO EXCUSE EXHAUSTION, AND (2) MAY A FEDERAL COURT IMPOSE OTHER FACTORS — PLAINTIFF'S AWARENESS OF THE GRIEVANCE PROCEDURE — INTO THE ASSESSMENT EVEN THOUGH THE RECORD DEMONSTRATES THAT THE INMATE WAS GIVEN AND FOLLOWED THE WRONG ADVICE ON WHERE TO FILE HIS GRIEVANCE

THE PL'RA'S SILENCE ON JUDICIAL REVIEW CONCERNS A FUNDAMENTAL QUESTION OF WHETHER THE TEXT INTERPRETATION LIMITS ONLY ADMINISTRATIVE REMEDIES

Question Presented (AI Summary)

When assessing whether prison administrators made the grievance procedure unavailable based on the three circumstances in Ross v. Blake, (1) will all findings of thwart misconduct warrant relief to excuse exhaustion, and (2) may a federal court impose other factors - plaintiff's awareness of the grievance procedure - into the assessment even though the record demonstrates that the inmate was given and followed the wrong advice on where to file his grievance

Docket Entries

2024-01-08
Petition DENIED.
2023-12-21
DISTRIBUTED for Conference of 1/5/2024.
2023-12-12
Waiver of right of respondents MDOC Defendants Sergeant Gary Stump and Corrections Officers Steven Simmons, Michael Hall, Kevin Rockwell, Adam Coburn, Andrew Hickok, and Casey Wagner to respond filed.
2023-09-11
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 2, 2024)

Attorneys

Fathiree Ali
Fathiree Ali — Petitioner
MDOC Defendants Sergeant Gary Stump and Corrections Officers Steven Simmons, Michael Hall, Kevin Rockwell, Adam Coburn, Andrew Hickok, and Casey Wagner
Ann Maurine ShermanMichigan Department of Attorney General, Respondent