Grady Davis v. F. Hernandez
2015 U.S. App. LEXIS 14431
| 5th Cir. | 2015Background
- Davis, a Texas inmate, sues alleging excessive force and constitutional rights violations.
- District court granted summary judgment for defendants, finding Davis failed to exhaust administrative remedies.
- Dallas County jail grievance procedure has two steps: initial written grievance and an appeal if denied.
- Davis filed the initial grievance but did not appeal because staff allegedly told him there was no second step.
- The district court treated Davis’s opposition as unsworn; on appeal, the panel allowed consideration of a penalty-of-perjury declaration, leading to remand for exhaustion analysis.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Exhaustion availability when staff misled inmate | Davis relied on jailers' misstatements | Remedies unavailable due to inmate's ignorance | Second step unavailable; reversal and remand |
| Whether newly offered evidence on objection to magistrate report must be considered | Evidence should be considered under Freeman discretion | District court could have declined new evidence | Court accepts evidence and proceeds to de novo review on exhaustion |
Key Cases Cited
- Dillon v. Rogers, 596 F.3d 260 (5th Cir. 2010) (exhaustion of remedies when unavailable due to circumstances; timelines vary)
- Cantwell v. Sterling, 788 F.3d 507 (5th Cir. 2015) (regarding consideration of evidence on exhaustion on appeal)
- Freeman v. Bexar County, 142 F.3d 848 (5th Cir. 1998) (district court discretion to accept new evidence on objection to magistrate's report)
- Brown v. Croak, 312 F.3d 109 (3d Cir. 2002) (ignorance of procedures not a basis to excuse exhaustion unless information available)