Phillip Reynolds-Bey v. Susanne Harris-Spicer, et al
Filing
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favor of Kingsbury on the First Amendment retaliation claim and REMAND for further proceedings on that claim, decision not for publication pursuant to local rule 28(g).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.
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