Ponder v. Wackenhut Correctional Corp.
Opinion
Arkansas prisoner John Ponder appeals from the district court’s dismissal with prejudice of his 42 U.S.C. § 1983 complaint for failure to exhaust available administrative remedies, as required by 42 U.S.C. § 1997e(a). Ponder alleged he was assaulted by correctional officers, but was unable to meet the prison’s fifteen-day deadline for filing an administrative grievance because the officers twice threatened him not to tell anyone about the assaults.
A remedy that prison officials prevent a prisoner from utilizing is not “available” under section 1997e(a). See Miller v. Norris, 247 F.3d 736, 740 (8th Cir. 2001). We *632 cannot determine on the record before us, however, whether or not the prison grievance process was available to Ponder. See Foulk v. Charrier, 262 F.3d 687, 698 (8th Cir. 2001). Accordingly, we remand to the district court for an evidentiary hearing on this issue. The district court may wish to appoint counsel to assist Ponder.
Reference
- Full Case Name
- John P. PONDER, Appellant, v. WACKENHUT CORRECTIONAL CORPORATION; Scott Grimes Unit; Roosevelt Franklin, Jr., Captain, Grimes Unit, Wackenhut Correctional Facility; Larry Clark, C/O, Grimes Unit, Wackenhut Correctional Facility; Shane Rogers, C/O, Grimes Unit, Wackenhut Correctional Facility; Manscow, C/O, Grimes Unit, Wackenhut Correctional Facility, Appellees
- Status
- Unpublished