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TOBY LAMB, II,
Plaintiff-Appellant,
v.
BRANT KENDRICK, SHANE CAREY, JUSTIN REECE,
BRITTANY MAXWELL, JUSTIN CROWDER, and SYDNEY
HENSLEY, Correctional Officers,
Defendants-Appellees |
No. 21-3390 |
Appeal from the United States District Court for the Southern District of Ohio at Cincinnati.
No. 1:20-cv-00265—Susan J. Dlott, District Judge.
Argued: December 8, 2021
Decided and Filed: October 26, 2022
Before: CLAY, DONALD, and NALBANDIAN, Circuit Judges.
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OPINION
_________________________
BERNICE BOUIE DONALD, Circuit Judge. Inmate Toby Lamb II alleges that several
correctional officers at the Warren Correctional Institution in Lebanon, Ohio (“WCI”) brutally
beat and pepper sprayed him while he was handcuffed, immediately placed him in solitary
confinement, and prevented him from accessing the requisite grievance forms to report the
incident properly. When Lamb sought judicial intervention by bringing this excessive force
action under 42 U.S.C. § 1983, defendants promptly responded with a pre-discovery motion for
summary judgment accusing Lamb of failing to exhaust his administrative remedies as required
by the Prison Litigation Reform Act (“PLRA”), 42 U.S.C. § 1997e(a). Although we agree that
Lamb did not exhaust his administrative remedies properly, we nevertheless reverse the district
court’s judgment dismissing this case and remand for further proceedings because there remain
material disputes of fact about whether prison officials rendered those administrative remedies
unavailable. |
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