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favor of Kingsbury on the First Amendment retaliation claim and REMAND for further proceedings on that claim, decision not for publication pursuant to local rule 28(g).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.
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
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.
s/Roy G. Ford
Direct Dial No. 513-564-7016
cc: Ms. Tracey Cordes
Mandate to issue
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