Hernandez v. Lee

Federal 7th Circuit Court
Civil Court
Administrative Exhaustion
Citation
Case Number: 
No. 23-2497
Decision Date: 
February 14, 2025
Federal District: 
E.D. Wis.
Holding: 
Reversed and remanded.
Judge: 
SCUDDER

Plaintiff brought a constitutional claim arising from the alleged misplacement of his legal paperwork within the Waupun Correctional Institution. The district court entered summary judgment for the defendant correctional officials on the ground that plaintiff failed to exhaust administrative remedies within the prison. Plaintiff argued that time he spent in restrictive housing complicated his ability to file a grievance before bringing his claim in federal court. The Seventh Circuit reversed and remanded, explaining that based on the record there was a genuine dispute as to the exhaustion of available administrative remedies and directing the district court to hold an evidentiary hearing on the issue of exhaustion. (KRISCH and LEE, concurring)