Published on: Saturday, October 29, 2022

After incarcerated man and guard gets into an altercation, man is taken in handcuffs to part of an Ohio prison without cameras, and a group of guards beat, kick, punch, and pepper spray him. Then he's put into solitary confinement and told, among other misrepresentations, there are no forms available with which to file a formal grievance. Man sues. Prison: you didn’t exhaust administrative remedies as required by federal law. You lose. District court: you lose. Case dismissed. Sixth Circuit: No, you don't lose. There’s an exception to the rule when officials interfere with an inmate’s efforts to comply with a prison’s grievance process. Given circumstances here, he might be excused for failing to exhaust his administrative remedies. Case undismissed.

The case is Lamb v. Kendrick, No. 21-3390 (6th Cir. Oct. 26, 2022).