De Shawn Drumgo v. William Kuschel, 684 F. App'x 228

Plaintiff De Shawn Drumgo, a JTVCC inmate, alleged a May 29, 2014 sexual assault during a pat-down by Officer Kuschel and that other officers laughed and failed to intervene; he also alleged retaliatory conditions after reporting the incident.
Drumgo filed sick-call slips, a grievance form, and a PREA complaint; an internal investigator recommended closure for lack of credible evidence.
Drumgo sued under 42 U.S.C. § 1983 raising First, Eighth, and Fourteenth Amendment claims against ten correctional staff; he proceeded pro se and in forma pauperis.
The district court dismissed six defendants/claims under 28 U.S.C. §§ 1915(e)(2) and 1915A(b) for lack of personal involvement or failure to state a claim, then granted summary judgment for the remaining defendants for failure to exhaust administrative remedies.
Defendants relied on an affidavit reporting a DACS database search that initially did not show a grievance about the May 29 incident; subsequently they conceded a separate, confidential DACS docket did contain a grievance against Officer Kuschel.
The Third Circuit affirmed summary judgment as to all defendants except Officer Kuschel, vacating and remanding the Kuschel claim for further consideration because the confidential grievance altered the exhaustion record.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Drumgo exhausted administrative remedies before filing § 1983 suit	Drumgo contends he filed grievances (including PREA and medical forms) about the incident	Defendants assert Drumgo did not file grievances in searchable DACS records and thus failed to exhaust	Summary judgment affirmed for most defendants for failure to exhaust; vacated and remanded as to Officer Kuschel because a confidential docketed grievance existed
Whether alleged supervisory defendants had personal involvement	Drumgo alleged supervisors failed to respond adequately	Defendants argued no direct/personal involvement was alleged	Dismissal of supervisory claims affirmed as frivolous/lacking personal involvement

Blunt v. Lower Merion Sch. Dist., 767 F.3d 247 (3d Cir. 2014) (standard of review for summary judgment)
Lamont v. New Jersey, 637 F.3d 177 (3d Cir. 2011) (summary judgment and genuine dispute standard)
Small v. Camden County, 728 F.3d 265 (3d Cir. 2013) (failure to exhaust is an affirmative defense; defendant’s burden)
Williams v. Beard, 482 F.3d 637 (3d Cir. 2007) (PLRA exhaustion requirement)
Rode v. Dellarciprete, 845 F.2d 1195 (3d Cir. 1988) (personal involvement requirement for supervisory liability)
Durmer v. O’Carroll, 991 F.2d 64 (3d Cir. 1993) (inadequate response to complaints does not by itself state Eighth Amendment claim)