Ivory S. Glenn v. M. Smith, 706 F. App'x 561

In June 2012 prisoner Ivory S. Glenn injured a finger while assisting a disabled inmate; the finger became infected and was later amputated.
Glenn sued prison doctor C. Richardson under 42 U.S.C. § 1983 alleging deliberate indifference to medical needs.
Florida DOC grievance process for medical claims requires filing a formal grievance within 15 days of the incident and allows an appeal if the prison denies the grievance.
Richardson moved to dismiss for failure to exhaust, alleging Glenn filed three formal grievances (two July 2012, one January 2013), appealed only the January 2013 grievance, and that appeal was untimely and denied for being past the 15-day deadline.
Glenn argued he exhausted twice: (1) an November 29, 2012 appeal (appeal no. 12-6-38181) exhausting a July 2012 grievance, and (2) that the January 2013 grievance and appeal were timely.
The district court reviewed the submitted grievance and appeal documents, found the November 2012 appeal concerned therapeutic boots (not the amputation) and found the January 2013 grievance untimely; it dismissed Glenn’s complaint for procedural default. The Eleventh Circuit affirmed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the district court properly applied Turner’s two-step factual process for exhaustion motions	Glenn: court failed to follow Turner; should credit his factual account and treat disputes in his favor	Richardson: court correctly examined submitted documents and made factual findings where disputed	Affirmed — court properly applied Turner, considered documents, made findings, and concluded procedural default
Whether the exhaustion defense was available to Richardson given prison staff decisions on merits	Glenn: prison decided the grievance on merits, so defendant cannot assert procedural default	Richardson: final-stage appeal denial expressly rejected grievance as untimely, so exhaustion defense remains available	Affirmed — denial at appeals stage was based on timeliness; exhaustion defense available

Brown v. Sikes, 212 F.3d 1205 (11th Cir. 2000) (PLRA exhaustion requirement)
Alexander v. Hawk, 159 F.3d 1321 (11th Cir. 1998) (standard of review for dismissal for failure to exhaust)
Johnson v. Meadows, 418 F.3d 1152 (11th Cir. 2005) (procedural default component of exhaustion)
Bryant v. Rich, 530 F.3d 1368 (11th Cir. 2008) (factual-findings requirement when exhaustion disputed)
Whatley v. Warden, 802 F.3d 1205 (11th Cir. 2015) (defense unavailable when prison decides procedurally flawed grievance on merits)