Exhausting Prisoner’s Grievance Process

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7^th Circuit Court of Appeals

Case Name: Leroy Ingram v. T. Watson

Case No.: 21-3400

Officials: Easterbrook, Wood, and Kirsch, Circuit Judges.

Focus: Exhausting Prisoner’s Grievance Process

Ingram contends that, while confined in the United States Penitentiary at Terre Haute, he was beaten by guards, after which the medical staff denied him access to necessary care. In this suit, which relies on Bivens v. Six Unknown Named Federal Agents, 403 U.S. 388 (1971), he seeks damages from the prison’s warden and several members of the staff. A magistrate judge, presiding by consent under 28 U.S.C. §636(c), concluded that Ingram failed to exhaust his administrative remedies, as required by 42 U.S.C. §1997e(a), and granted summary judgment to all defendants.

The district court should have held a Pavey hearing and taken testimony on subjects such as whether the Warden refused to provide the Regional Director’s statement to Ingram or whether, instead, there was just bureaucratic delay in handing it over. After receiving evidence, which might include finding out exactly what Gore said to Ingram, the district court should decide whether §542.15(b)(1) excused Ingram from appealing to the General Counsel. The decision of the district court is affirmed, except with respect to the grievance directed to the asserted physical attack. The case is remanded on that subject for further proceedings

Affirmed and Remanded.

Decided 05/04/23

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