Taylor v. Jones et al

Filing 93

ORDER SETTING BENCH TRIAL. Signed by Chief Judge S. Thomas Anderson on 8/27/19. (mbm)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TENNESSEE
WESTERN DIVISION

CALEB ANDERSON TAYLOR,
Plaintiff,
v.
WTSP OFFICER MARCUS JONES,
WTSP SERGEANT BILLY
WASHINGTON, and TENNESSEE
DEPARTMENT OF CORRECTION,
Defendants.

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No. 2:16-cv-02647-STA-jay

ORDER SETTING BENCH TRIAL

On August 7, 2019, the Court denied Defendants’ Motion for Summary Judgment, as there
remains a genuine issue of material fact regarding exhaustion. (ECF No. 92.) Specifically, the remaining
issue is whether administrative remedies were available to Plaintiff. (Id.) Consequently, this case will
proceed to trial.
Because factual disputes related to the PLRA’s exhaustion requirement are matters of judicial
administration and are not intertwined with the merits of Plaintiff’s 42 U.S.C. § 1983 excessive force
claim, the Court is permitted to resolve the issue of exhaustion without the participation of a jury. See
Lee v. Willey, 789 F.3d 673, 678 (6th Cir. 2015). Accordingly, the Court will hold a bench trial on the
issue of exhaustion on September 18, 2019, at 9 AM.
IT IS SO ORDERED.
s/ S. Thomas Anderson
S. THOMAS ANDERSON
CHIEF UNITED STATES DISTRICT JUDGE
Date: August 27, 2019