Legal Opinion · Dissent

Napier v. Laurel County

Court of Appeals for the Sixth Circuit

Decided February 9, 2011No. 09-6239Published

1Dissent

BOYCE F. MARTIN, JR., Circuit Judge,

dissenting.

The majority holds “that a jail’s grievance polic[y] need not explicitly provide for all possible scenarios in which a prisoner may seek to file a grievance. Instead, when a reasonable policy is in place, but is silent or vague in a particular circumstance, courts must look to see whether the prisoner has attempted to satisfy the requirements of the policy.” Supra at 223. Because I believe that this holding conflicts with the intent of the Prison Litigation Reform Act and applicable Supreme Court precedent, as well as misapplies the requirement…

2Cases cited3 opinions

  1. Jones v. BockSupreme Court of the United States · 2007
  2. Woodford v. NgoSupreme Court of the United States · 2006
  3. Bradley v. WashingtonDistrict Court, District of Columbia · 2006

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