Himmelreich v. Fed. Bureau of Prisons

In 2010, federal prisoner Himmelreich filed a complaint against several defendants, alleging multiple causes of action. The district court dismissed for failure to state a claim. The Sixth Circuit affirmed dismissal of most of the claims and defendants, but vacated and remanded a claim of retaliation in violation of the First Amendment based on Himmelreich’s placement in administrative detention for 60 days in 2009, allegedly in retaliation for filing a claim under the Federal Tort Claims Act (FTCA) and a claim of failure to protect in violation of the Eighth Amendment based on an assault on Himmelreich by another inmate in 2008. Based on failure to exhaust administrative remedies under the Prison Litigation Reform Act, 42 U.S.C. 1997e(a),and a finding that the Eighth Amendment claim was barred because he had elected to file a claim under the FTCA regarding the assault incident, the district court granted defendants’ motion for summary judgment. The Sixth Circuit vacated, finding that Himmelreich’s failure to exhaust administrative remedies should have been excused and that the FTCA’s judgment bar does not apply to this case. View "Himmelreich v. Fed. Bureau of Prisons" on Justia Law