Sixth Circuit· 3/19/2024

Kyle Brandon Richards v. Thomas Perttu

Citations

96 F.4th 911

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How courts have described this case

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

Unless the claimed retaliatory action is truly inconsequential, a First Amendment retaliation claim should go to the jury
an “inference of retaliatory motive” precluded summary judgment where the defendant took a retaliatory action “immediately after” the inmate attempted to file a grievance
the PLRA “requires proper exhaustion, which means using all steps that the agency holds out.”
“Under the PLRA, a prisoner may not sue to vindicate his constitutional rights under 42 U.S.C. § 1983 unless he has first exhausted the administrative remedies available to him.”
“[T]he Seventh Amendment requires a jury trial when the resolution of the exhaustion issue under the PLRA would also resolve a genuine dispute of material fact regard- ing the merits of the plaintiff 's substantive case”
“The exhaustion requirement is mandatory, but not jurisdictional.” (citing cases)

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Cited by

4 cases in this archive cite this case.

Cites

34 cases in this archive are cited by this case; the 20 most cited are listed.

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