Lawsuit Dismissed Against Former Correctional Officer
On May 12, 2020, the United States District Court for the Southern District of West Virginia entered an order dismissing a lawsuit against a former correctional officer. The correctional officer was represented by SMS attorneys Lou Ann S. Cyrus and Emily L. Lilly. The order was entered after the correctional officer moved for summary judgment based on the plaintiff’s failure to exhaust administrative remedies while incarcerated. State and federal law require that an inmate plaintiff exhaust all available administrative remedies prior to filing a lawsuit related to the conditions of his or her incarceration prior to filing a lawsuit. Because the inmate plaintiff was incarcerated at the time she filed the lawsuit, admitted she was aware of the available grievance procedures, and failed to take even the first step to avail herself of the available administrative remedies, Judge Copenhaver granted summary judgment dismissing the case against the correctional officer without prejudice.
About: Shuman McCuskey Slicer PLLC is a civil defense litigation law firm defending businesses, professionals, and insurers in high-stakes litigation. The firm has over 20 attorneys licensed to practice in West Virginia, Virginia, Ohio, Kentucky, Pennsylvania, Maryland, and New York. SMS was founded in Charleston, WV, where it remains headquartered and has additional offices in Morgantown, WV, and Winchester, VA.
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