Perttu v. Richards

Justia · Docket · oyez.org

Argued on Feb 25, 2025.

Petitioner: Thomas Perttu.
Respondent: Kyle Brandon Richards.

Advocates:

• Ann M. Sherman (for the Petitioner)
• Lori Alvino McGill (for the Respondent)

Facts of the case (from oyez.org)

Richards, an inmate at Michigan’s Baraga Correctional Facility, sued Resident Unit Manager Thomas Perttu for sexual harassment and retaliation. Richards alleged that Perttu destroyed multiple grievances he attempted to file regarding Perttu's sexual abuse. Additionally, Richards claimed Perttu threatened to kill him if he continued trying to file grievances and wrongfully placed him in administrative segregation.

After Perttu moved for summary judgment arguing the inmates failed to exhaust administrative remedies, and Richards cross-moved raising constitutional claims, the district court denied both motions due to factual disputes. A magistrate judge held an evidentiary hearing and recommended finding that Perttu proved the inmates failed to exhaust remedies. The district court adopted this recommendation and dismissed the case.

Richards appealed, and after requesting supplemental briefing on whether the Seventh Amendment requires a jury for exhaustion disputes intertwined with case merits, the U.S. Court of Appeals for the Sixth Circuit concluded that it does and reversed the judgment of the district court.

Question

In cases subject to the Prison Litigation Reform Act, do prisoners have a right to a jury trial concerning their exhaustion of administrative remedies where disputed facts regarding exhaustion are intertwined with the underlying merits of their claim?