James Schultz v. Jeffrey Pugh

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• explaining that for an administrative remedy to be available, it must “be available in fact and not merely in form.”
• holding summary judgment was properly granted without first having a hearing where plaintiff asserted he did not file grievance due to “fear of reprisal” but did not specify what fear was based on or present any evidence to substantiate his claim
• declining opportunity to adopt estoppel because plaintiff did not establish the three elements of estoppel
• affirming summary judgment for failure to exhaust because although plaintiff said he was deterred from filing a grievance by “fear of reprisal,” he provided no details as to what his fear was based on and no evidence to substantiate his claim
• “A remedy is not available, therefore, to a prisoner prevented by threats or other intimidation by prison personnel from seeking an administrative remedy”
• “[a] remedy is not available, therefore, to a prisoner prevented by threats or other intimidation by prison personnel from seeking an administrative remedy…”

Source: CourtListener parenthetical corpus (CC0).