Surles v. Andison
678 F.3d 452
6th Cir.2012Background
- Surles, a Michigan prisoner, sued MDOC employees under § 1983 for confiscation of his legal papers and related harms at multiple times between 2004 and 2005.
- District court dismissed the first suit for failure to exhaust MDOC remedies and later denied reconsideration.
- Surles filed a second § 1983 complaint with eight grievances he claimed exhausted remedies; those grievances were denied as untimely at Step III.
- Before discovery, Defendants moved for summary judgment asserting non-exhaustion and statute-of-limitations problems.
- Magistrate Judge recommended denying Surles's motions and granting Defendants' summary judgment; district court adopted the recommendation and dismissed the case with prejudice.
- Sixth Circuit reversed and remanded, holding genuine disputes of material fact remained on exhaustion and tolling.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Defendants met the exhaustion burden under the PLRA. | Surles argues Defendants failed to prove exhaustion and district court erred in assuming untimeliness of grievances. | Defendants contended the eight grievances demonstrated untimely exhaustion and satisfied exhaustion burden. | Reversed and remanded on exhaustion; genuine disputes remained. |
| Whether the claims were timely after tolling for MDOC exhaustions. | Surles contends tolling during MDOC exhaustion invalidates the time-bar. | Defendants failed to show absence of tolling or timely filing after tolling. | Reversed and remanded on tolling; issues of material fact remained. |
Key Cases Cited
- Jones v. Bock, 549 U.S. 199 (2007) (supreme-court PLRA exhaustion requirement clarifications)
- Jones Bey v. Johnson, 407 F.3d 801 (6th Cir. 2005) (pre-Bock exhaustion standards (later superseded))
- Bock, Jones v., 549 U.S. 199 (2007) (exhaustion required under PLRA)
- Napier v. Laurel County, Ky., 636 F.3d 218 (6th Cir. 2011) (burden on defendant to prove non-exhaustion)
- Risher v. Lappin, 639 F.3d 236 (6th Cir. 2011) (exhaustion is an affirmative defense; burden on defendant)
- Brown v. Morgan, 209 F.3d 595 (6th Cir. 2000) (tolling during administrative proceedings)
- Woodford v. Ngo, 548 U.S. 81 (2006) (proper adherence to grievance procedures)
- Cockrel v. Shelby County Sch. Dist., 270 F.3d 1036 (6th Cir. 2001) (summary judgment standard in PLRA context)