Tuckel v. Grover, No. 10-1353 (10th Cir. 2011)
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Prisoner-Petitioner Mark Tuckel filed a "1983" lawsuit against two prison officials. In his suit, Petitioner averred that he was beaten in retaliation for submitting a complaint through the prison grievance system. The district court granted summary judgment in favor of the Defendants, finding that Petitioner had failed to exhaust administrative remedies under the Prison Litigation Reform Act. Upon review, the Tenth Circuit held that a petitioner with an objectively reasonable fear of retaliation from prison officials may show that administrative remedies were unavailable to him and thereby be excused from exhausting such remedies. Because there were disputed issues of fact about the availability of administrative remedies to Petitioner, the Court reversed and remanded the case for further proceedings.
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