Randy Swisher v. Porter County Sheriff's Depar, 2014 U.S. App. LEXIS 19758

Plaintiff, a pretrial detainee in Porter County Jail, sued under 42 U.S.C. § 1983 alleging inadequate medical care for an abdominal gunshot wound and other denials over a nine-month detention.
Defendants included the county sheriff, the warden, deputy officers, the jail physician, and head nurse; district court dismissed for failure to exhaust administrative remedies under 42 U.S.C. § 1997e(a).
Jail policy required a grievance procedure and distribution of a written "Inmate Grievances—Standard Operating Procedure" and grievance forms to inmates; the grievance log showed no written grievance by the plaintiff.
Plaintiff testified (credited by the magistrate) he never received the grievance procedure or forms, and that pod officers and supervisors (including Captain Taylor and the Warden’s son) told him they would handle the problem and told him not to file a grievance; the Warden met him and promised to address medical care without advising him to file.
The magistrate nevertheless found plaintiff failed to exhaust because he did not submit a written grievance and could have pursued additional steps; the Seventh Circuit reversed, holding jail officials’ conduct that misleads or prevents use of grievance procedures excuses exhaustion.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether plaintiff exhausted administrative remedies under § 1997e(a)	He attempted informal complaints, was never given grievance forms or procedure, and was told by officers (including the Warden) not to file because they would handle it, so he was prevented from filing	Plaintiff knew a grievance system existed and did not file a written grievance; he could have sought the form or taken further steps	Court held plaintiff did not have to file when jail officials invited noncompliance or prevented access; exhaustion was excused and dismissal reversed
Whether officials’ misleading or obstructive conduct can excuse exhaustion	Misleading statements and refusal to provide forms prevented compliance with formal process	Procedural rules must be followed when clearly laid out; plaintiff failed to comply	Court held established precedent excuses exhaustion when officials mislead or obstruct inmates from using grievance procedures

Pavey v. Conley, 663 F.3d 899 (7th Cir.) (administrative procedures must be followed when clearly laid out)
Roberts v. Neal, 745 F.3d 232 (7th Cir.) (similar factual scenario where jail muddle excused exhaustion)
Curtis v. Timberlake, 436 F.3d 709 (7th Cir.) (officials’ invitation to not follow procedure excuses compliance)
Dillon v. Rogers, 596 F.3d 260 (5th Cir.) (officials’ misleading conduct can bar enforcement of exhaustion requirement)
Nunez v. Duncan, 591 F.3d 1217 (9th Cir.) (misleading jail personnel excuse from exhaustion)
Brown v. Croak, 312 F.3d 109 (3d Cir.) (similar rule that official obstruction or misinformation excuses exhaustion)