Page 30 - TPA Journal Sept Oct 2021

Joe C. Tooley, Legal Digest Editor
Joe C. Tooley, Attorneys & Counselors, Rockwall, Texas
www.TooleyLaw.com 972-722-1058

TEXAS POLICE ASSOCIATION

LEGAL DIGEST

September-October 2021

AUTHOR’S NOTE: It is the goal of this submission to extract those portions of relevant appellate
opinions or the syllabus of the legal reporter which bear directly upon law enforcement methods
and provide guidance for officers on an operational level. Much of the information pertaining to
these cases is lifted verbatim from the court opinion or syllabus with independent analysis inserted
as appropriate. Due to clarity for training purposes, the distinction between quotes from the
opinions and inserted analysis is not always identified and legal citations within the opinion are
often omitted. Emphasis is placed upon reported decisions from the Fifth Circuit Court of Appeals
and the Texas Court of Criminal Appeals.

JAIL CASE. ADMINISTRATIVE REMEDIES remedies as are available are exhausted.” The
REQUIRED? defendants submitted Gilliam’s administrative remedy
records and the jail’s grievance plan, among other
Tacorey Gilliam, Texas prisoner # 02095241, filed a 42 records, which support a determination that Gilliam did
U.S.C. § 1983 civil rights complaint alleging numerous not proceed beyond the first step of the three-step
claims, including deliberate indifference to his health administrative remedy procedure. Gilliam has neither
and safety, negligence, cruel and unusual punishment, produced competent summary judgment evidence
retaliation, failure to investigate, and excessive use of showing that he proceeded to the second and third step
force. of the grievance process nor challenged the veracity or
reliability of these records.
The district court granted the defendants’ motion for
summary judgment and dismissed the suit because Gilliam has therefore failed to show that there is a
Gilliam had failed to exhaust his available genuine issue of material fact as to whether he
administrative remedies, and Gilliam appeals. Although proceeded to step two and three of the grievance
appointment of counsel, he has not made the required process. Gilliam’s conclusory assertions that he
showing. “attempted to exhaust” his administrative remedies, that
he was unaware prefiling exhaustion was mandatory,
We review the district court’s grant of summary and that there was a lack of grievance forms do not
judgment in this case de novo. entitle him to relief. The district court did not err by
granting summary judgment.
“[n]o action shall be brought with respect to prison
conditions under section 1983 of this title, or any other Gilliam v. Anderson Co. Sheriff Dept., No. 19-40834,
Federal law, by a prisoner confined in any jail, prison, or 5th Cir., Oct. 18th, 2020.
other correctional facility until such administrative ********************************************

26 www.texaspoliceassociation.com • (512) 458-3140 Texas Police Journal