Fleming v. Commissioner, Department of Corrections

[¶ 1] David Fleming appeals from the judgment entered in the Superior Court (Knox County, Mead, C.J.) granting a motion to dismiss his complaint for failure to exhaust administrative remedies and for failure to state a claim upon which relief can be granted. Fleming, a Maine State Prison inmate, seeks judicial review of certain conditions surrounding his confinement in the prison’s Special Management Unit (SMU). We vacate the dismissal of Fleming’s complaint insofar as it seeks review pursuant to M.R. Civ. P. 80C and 5 M.R.S.A. § 11001 (2002).

I. FACTS AND PROCEDURAL BACKGROUND

[¶ 2] According…