Phillip Reynolds-Bey v. Susanne Harris-Spicer, et al


OPINION filed : For the reasons stated above, we AFFIRM IN PART and REVERSE AND REMAND IN PART. We AFFIRM the district court s determination that Hearing Officer Harris-Spicer is entitled to absolute immunity and that Reynolds-Bey s grievances (excluding the grievances against Kingsbury and Grievance OTF-05-03-00153-28E) are unexhausted for purposes of the PLRA. We REVERSE the grant of summary judgment on the issue of the exhaustion of Grievance OTF-05-03- 00153-28E and REMAND for consideration of the merits of the retaliation claim arising out of that grievance. We REVERSE the district court s grant of summary judgment in favor of Kingsbury on the First Amendment retaliation claim and REMAND for further proceedings on that claim, decision not for publication pursuant to local rule 28(g). Martha Craig Daughtrey, Circuit Judge; Eric L. Clay, Circuit Judge and Helene N. White, AUTHORING Circuit Judge.

Download PDF
Case: 09-1472 Document: 006110925975 Filed: 04/13/2011 Page: 1 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT 100 EAST FIFTH STREET, ROOM 540 POTTER STEWART U.S. COURTHOUSE CINCINNATI, OHIO 45202-3988 Leonard Green Clerk Tel. (513) 564-7000 Filed: April 13, 2011 Mr. James Erwin Long Office of the Michigan Attorney General P.O. Box 30217 Lansing, MI 48909 Phillip Demetrius Reynolds-Bey 6019 Maplebrook Lane Flint, MI 48507 Re: Case No. 09-1472 , Phillip Reynolds-Bey v. Susanne Harris-Spicer, et al Originating Case No. : 05-00842 Dear Mr. Reynolds-Bey and Counsel, The Court issued the enclosed (Order/Opinion) today in this case. Sincerely yours, s/Roy G. Ford Case Manager Direct Dial No. 513-564-7016 cc: Ms. Tracey Cordes Enclosure Mandate to issue

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?