Lamar William Jones Bey v. Kelly Johnson and Wayne Trierweiler

While I join, in part, the majority’s ultimate conclusion that Jones-Bey’s First Amendment retaliation claim against Defendant Johnson must be dismissed without prejudice for failure to exhaust administrative remedies I believe that the majority’s failed attempt to apply a total exhaustion rule is foreclosed by our prior decision in Hartsfield v. Vidor, 199 F.3d 305 (6th Cir.1999). Although I respectfully dissent from the exhaustion holding reached by my colleagues, I am not sure that a dissent is actually necessary because the majority’s decision constitutes a nullity to the extent that it…