Monday, November 14, 2011

Exhaustion Req't May Be Excused for Prisoner Who Fears Retaliation

Tucker v. Grover, 2011 WL 5346038, No. 10-1353 (Tenth Cir. Nov. 8, 2011) (published): state inmate filed a 1983 lawsuit against prison officials, claiming he was beaten in retaliation for complaining. The district court granted summary judgment on the grounds the plaintiff failed to exhaust administrative remedies. The COA reversed. A plaintiff with an objectively reasonable fear of retaliation from prison officials may show that administrative remedies were unavailable to him and thereby be excused from the exhaustion requirement. Because there were disputed issues of fact, the cause was reversed and remanded.