King v. Sturgeon et al

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IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
EL DORADO DIVISION
ALVIN WESLEY KING
also known as Wes King 	PLAINTIFF
v. 	Civil No. 1:25-CV-01036-MEF
SHERIFF TOMMY STURGEON,
Ashley County, Arkansas; and
JAIL ADMINISTRATOR JOHNNY GUY,
Ashley County Detention Center 	DEFENDANTS
MEMORANDUM AND ORDER
When he was incarcerated at the Ashley County Detention Center (“ACDC”), Plaintiff,
Alvin Wesley King, initiated the above-captioned civil rights action pursuant to 42 U.S.C. § 1983
generally alleging that he was being subject to unconstitutional conditions of confinement. 1
Plaintiff proceeds pro se and in forma pauperis (“IFP”). 	(ECF No. 3). 	All parties have
consented to the jurisdiction of the United States Magistrate Judge to conduct all proceedings and
for the entry of final judgment in this case. 	(ECF No. 18). 	This matter is currently before the
Court on Defendants’ Motion for Summary Judgment for Failure to Exhaust Administrative
Remedies. 	(ECF No. 22). 	Plaintiff has filed his response in opposition to this motion. 	(ECF
No. 28). 	Defendants have filed no reply, and the deadline for doing so has passed. 	Accordingly,
Defendants’ Motion for Summary Judgment is ripe for the Court’s consideration. 	Upon review,
and for the reasons described below, Defendants’ Motion for Summary Judgment is GRANTED,
and this matter is DISMISSED WITHOUT PREJUDICE.
1 The docket reflects that Plaintiff’s current address is “Wings to Recovery,” a “re-entry” facility
in El Dorado, Arkansas. 	See (ECF No. 28).
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I. 	BACKGROUND2
Plaintiff was a prisoner within the meaning of 28 U.S.C. § 1915A(c) when he initiated this
action, 	and 	his 	complaint 	requests 	redress 	from 	government 	officials. 	(ECF 	No. 	1).
Accordingly, this Court conducted an initial review of the complaint pursuant to § 1915A(a).
Upon that review, the Court recommended that service of process be issued with respect to
Plaintiff’s conditions of confinement claims against Defendants Sheriff Tommy Sturgeon and Jail
Administrator Johnny Guy, and that all other claims be dismissed without prejudice for failure to
state a plausible claim for relief. 	(ECF No. 8). 	District Court Judge Susan O. Hickey adopted
these recommendations without objection. 	(ECF No. 13).
After Defendants filed their Answer to the complaint, the Court ordered them to either file
a motion for summary judgment on the issue of whether Plaintiff properly exhausted his
administrative remedies before initiating this action in accordance with 42 U.S.C. § 1997e(a) by
August 29, 2025, or to promptly file a notice stating that they did not intend to pursue failure to
exhaust as an affirmative defense at trial. 	(ECF No. 16). 	On August 12, 2025, Plaintiff filed a
motion to amend the complaint. 	(ECF No. 20). 	The Court denied that motion on the grounds
that Plaintiff did not specify how he intended to amend his complaint in violation of the Local
Rules. 	(ECF No. 21).
Defendants subsequently filed a Motion for Summary Judgment for Failure to Exhaust
Administrative Remedies, including a memorandum and statement of undisputed material facts in
support. 	(ECF Nos. 22-24). 	Defendants argue that Plaintiff did not file any grievances regarding
2 This section does not endeavor to describe every docket entry, only those relevant to the Court’s
consideration of the Defendants’ Motion for Summary Judgment.
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his conditions of confinement at the ACDC prior to initiating this lawsuit and thus did not exhaust
his administrative remedies in accordance with 42 U.S.C. § 1997e(a). 	The Court then ordered
Plaintiff to submit a response and provided instructions on how to respond. 	(ECF No. 25).
Plaintiff’s initial response in opposition to Defendants’ Motion for Summary Judgment detailed
his problems notarizing his statement. 	(ECF No. 26). 	Construing the response as a request for
an extension of time to respond, this Court extended Plaintiff’s deadline to submit his response in
opposition to Defendants’ Motion for Summary Judgment. 	(ECF No. 27). 	Plaintiff then filed a
timely response in opposition to Defendants’ Motion for Summary Judgment, asserting that he
intended to discuss his conditions of his confinement in deposition with Defendant Sturgeon during
his confinement, but Defendant Sturgeon declined his request; he filed a grievance regarding his
general dissatisfaction with the conditions of confinement at the ACDC, but did not submit a
grievance about any of the specific conditions identified in his complaint; he was not aware that
the grievance procedure included an appeals process; and the grievance procedure is futile anyway.
(ECF No. 29). 	Plaintiff further challenges the basis for his arrest for possession of a firearm,
contending that contrary to these charges, he did not possess a firearm. 	Id.
II. 	LEGAL STANDARD
The Court “shall grant summary judgment if the movant shows that there is no genuine
dispute as to any material fact and the movant is entitled to judgment as a matter of law.” 	Fed. R.
Civ. P. 56(a). 	“A dispute is genuine if the evidence is such that it could cause a reasonable jury
to return a verdict for either party.” 	Ward v. Olson, 939 F. Supp. 2d 956, 961 (D. Minn. 2013)
(citing Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 252 (1986)). 	A fact is material only when
its resolution would affect the outcome of a case. 	Anderson, 477 U.S. at 248.
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Further, the moving party bears the initial burden of identifying “those portions of the
record which it believes demonstrate the absence of a genuine issue of material fact.” 	Jackson v.
United Parcel Serv., Inc., 643 F.3d 1081, 1085 (8th Cir. 2001). 	In response, the non-moving party
“may not rest upon mere denials or allegations, but must instead set forth specific facts sufficient
to raise a genuine issue for trial.” 	Forrest v. Kraft Foods, Inc., 285 F.3d 688, 691 (8th Cir. 2002).
In considering a summary judgment motion, the Court views all the evidence and inferences in the
light most favorable to the non-moving party. 	Anderson, 477 U.S. at 255.
III. 	FACTS
On December 18, 2024, Plaintiff was booked into the ACDC on several charges. 	(ECF
No. 24-2). 	He initiated his lawsuit on April 28, 2025, approximately four months later. 	(ECF
No. 1). 	Following preservice review of his complaint, the following claims regarding his
conditions of confinement at the ADC during that period (from December 18, 2024, to April 28,
2025) remain pending: (1) the toilets in cells #15, #16, #17, and #18 do not flush and officials have
placed plastic bags over them to suppress the smell of feces and urine; (2) the smell of human
waste sometimes emanates from the shower area and cell #10 and that smell gets worse when the
outside temperature rises; (3) there is warm water in the shower area and in cell #9 and cell #2; (4)
some cells have cold water, some have no running water, some sinks do not drain properly, some
toilets work properly and some do not, and none of the lights work properly; (5) there is black and
green mold in the shower area and in the cells; (6) inmates receive hot water in plastic containers
three times a week; and (7) combs, flex pens, and shaving razors are not available for purchase on
the commissary and officials do not issue these items in a manner that affords all inmates an
opportunity to obtain them. 	(ECF No. 1). 	Plaintiff asserts that while officials distributed razors
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on April 20, 2025, officials have refused requests for flex pens and combs, and these items are not
available for purchase. 	See id.
ACDC records show that during this four-month period, he submitted several requests and
one grievance, dated April 25, 2025. 	(ECF No. 24-3). 	That grievance states:
I gave Josh two letters which he inspected in my presence and sealed
and took to front to be mailed on 04/20/25. 	On 04/25/25, five
business days later, James tells me he put letters in the mail for me.
This is unacceptable! I have outgoing legal mail with deadlines and
time constraints that can’t be handled with this sort of reckless
careless tardiness!
(ECF No. 24-3 at 11). 	Defendant Johnny Guy reviewed his grievance that same day, and
responded saying, “Your mail was mailed. You do not dictate when mail is turned in or issued
out.” 	Id.
The ACDC Policies and Procedures Manual (“Manual”) provides that “[d]etainees . . . will
be permitted to file grievances and will be assured of written responses from Detention Facility
officials in a timely and orderly manner without fear of reprisal or prejudice.” 	(ECF No. 24-4 at
1). 	According to the Manual, a summary of the detainee grievance system is included in the
“Detainee Handbook,” which is provided to detainees at the time of their admission to the facility.
Id. at 2. 	“Detainees who are illiterate, non-English speaking or disabled [are] afforded the
opportunity to listen to taped versions of the ‘Detainee Handbook.’” 	Id. 	Relevant here, the
following constitutes “grievable” matters: “Detention Facility policy, procedures or conditions that
affect a detainee personally . . ..” Id.
A grievance, moreover, must include the following information:
1.) Detainee Name, housing location and current date;
2.) Whether the form is being filed as a “grievance” or an “appeal”;
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3.) Date and time of the alleged incident or action the [sic] caused
the grievance to be filed;
4.) A specific description or summary of the incident;
5.) Detention officer(s), detainee(s) or other person(s) involved in
the incident; and,
6.) Signature of the detainee.
Id. at 3-4. 	Detention center officers are responsible for accepting the completed grievances and
placing them in the appropriate box for the Detention Facility Administrator to review. 	Id. at 4.
The Detention Facility Administrator is responsible for maintaining a log of the grievances and
responding to each grievance within five working dates of the date he or she receives the
complaint. 	Id. at 5. 	If the detainee is not satisfied with the Detention Facility Administrator’s
response, the detainee “may file a written appeal to the Sheriff. 	Detainee appeals must be filed
within 24 hours of the receipt of the Detention Facility Administrator’s response by the detainee.”
Id. at 6. 	“Detainees may utilize a detainee Grievance Form for filing appeals and are responsible
for completing the form in the same manner as [the original grievance form]. The only exception
to this will be that detainee will indicate on the form that it is an ‘Appeal.’” 	Id. 	“The Sheriff will
be afforded ten (10) working days from the date of his/her receipt of the appeal to investigate and
respond to the appeal.” 	Id. 	“All responses made by the Sheriff in regards to an appeal will be
considered final.” 	Id.
The grievance procedure outlined in Detainee Handbook is a bit different. It merely
provides as follows:
It is the policy of the Ashley County Sheriff’s Office Department of
Detention that any detainee may initiate grievances at any time, for
mistreatment or abuse by jail personnel or other detainees without
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fear of retribution.
The detainee will file his/her grievance on the kiosk provided in each
housing unit. 	The Supervisors on shift will answer or it will go to
higher in command for review. If the detainee wishes to appeal the
resolution made on their grievance, they will have 24 hours to file
an appeal with the Jail Administrator. 	The Jail Administrator will
then review the resolution and has five (5) days to respond to the
detainees appeal, your copy will be available by kiosk. 	A grievance
form is required to file a grievance and grievance appeals will not
be mailed to the jail admin or the sheriff.
(ECF No. 24-5 at 1-2).
IV. 	ANALYSIS
When a prisoner initiates a civil action over the conditions of his confinement, 42
U.S.C. § 1997e(a) of the Prison Litigation Reform Act (PLRA) requires the prisoner to exhaust his
administrative remedies before filing suit. 	42 U.S.C. § 1997e(a); Booth v. Churner, 532 U.S. 731,
733 	(2001) 	(explaining 	that 	42 	U.S.C. § 1997e(a) 	“requires 	a 	prisoner 	to 	exhaust 	‘such
administrative 	remedies 	as 	are 	available’ 	before 	suing 	over 	prison 	conditions.”). 	This
requirement is mandatory. 	See Chelette v. Harris, 229 F.3d 684, 687 (8th Cir. 2000).
In determining whether a prisoner has first exhausted his administrative remedies, courts
look to the prison’s grievance procedure. 	Abdul-Muhammad v. Kempker, 486 F.3d 444, 446 (8th
Cir. 2007) (citing Jones v. Bock, 549 U.S. 199 (2007)). 	“[T]he degree of specificity required in a
prison grievance ‘will vary from system to system and claim to claim, but it is the prison’s
requirements, and not that PLRA, that define the boundaries of proper exhaustion.’” 	Id. (quoting
Jones, 549 U.S. at 218)) (emphasis added). 	Thus, to satisfy Section 1997e(a)’s exhaustion
requirement, inmates must file grievances in accordance with the institution’s policies and
procedures. 	Washington v. Uner, 273 F. App’x 575, 577 (8th Cir. 2008) (citing Woodford v. Ngo,
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548 U.S. 81, 91-92 (2006)).
A. 	Plaintiff Did Not Satisfy the ACDC Grievance Procedure
The ACDC Policies and Procedures Manual and the ACDC Detainee Handbook both
establish a detainee grievance procedure, but each procedure contains different requirements. 	The
ACDC Policies and Procedures Manual, for example, requires that the grievance contain the
“[d]ate and time of the alleged incident or action the [sic] caused the grievance to be filed” and
“[a] specific description or summary of the incident.” 	(ECF No. 24-4 at 4). 	By contrast, the
ACDC Detainee Handbook merely requires that the “detainee [] file his/her grievance on the kiosk
provided in each housing unit” (ECF No. 24-5 at 2), there is no specific requirement about what
the grievance must contain. 	In this case, however, these differences are not material because the
summary judgment record shows that Plaintiff did not follow either procedure.
It is undisputed that prior to initiating this action, Plaintiff submitted one grievance, dated
April 25, 2025, concerning the delayed delivery of his outgoing mail by “Josh” and “James.”
(ECF No. 24-3). 	But Plaintiff’s conditions of confinement claims do not concern the purported
delayed delivery of his mail. 	Accordingly, even if this grievance satisfied the ACDC grievance
procedures, it does not concern his claims before the Court and thus does not satisfy § 1997e(a)’s
exhaustion requirement.
Pointing to two grievances, dated May 18, 2025, and April 30, 2025, Plaintiff argues that
he satisfied the ACDC grievance procedure. 	(ECF No. 29 at 3-4) (referencing Ex. A2 at 9 &
10)).3 	The Court is not convinced.
Plaintiff’s May 18, 2025, grievance provides as follows:
On 5/17/25 Stephen was in the tower and would not let me out of
3 Exhibit A2 at 9 & 10 corresponds to ECF No. 24-3 at 9, and ECF No. 24-3 at 10, respectively.
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my cell. 	On 5/18/25 I told him to have my cell door opened and he
refused. 	Looks as if unsatisfactory, unacceptable, unconstitutional
confinement conditions never end around here!
(ECF No. 24-3 at 9). 	In response, Defendant Guy wrote, “When did he open the cell door?” 	Id.
It appears that there was no further communication about this grievance.
To the extent that this grievance complains about Plaintiff’s conditions of confinement, it
would likely satisfy the requirements of the grievance procedure as outlined in the ACDC Detainee
Manual, which merely requires the detainee to “file his/her grievance on the kiosk provided in
each housing unit.” 	(ECF No. 24-5 at 2). 	The ACDC Detainee Manual grievance procedure
requires nothing more. 	“Under the plain language of section 1997e(a), [however], an inmate must
exhaust administrative remedies before filing suit in federal court.” Johnson v. Jones, 340 F.3d
624, 627 (8th Cir. 2003). 	Thus, “in considering motions to dismiss for failure to exhaust under
section 1997e(a), the district court must look to the time of filing, not the time the district court is
rendering its decision, to determine if exhaustion has occurred.” 	Id. 	In this case, Plaintiff filed
his lawsuit on April 28, 2025 (ECF No. 1), weeks before he initiated a grievance about the
conditions of his confinement at the ACDC on May 18, 2025. 	Plaintiff’s May 18, 2025,
grievance, therefore, even if it satisfies the grievance procedure outlined in the ACDC Detainee
Handbook (but not the procedure provided in the ACDC Policies and Procedures Manual), does
not satisfy § 1997e(a)’s exhaustion requirement because it was not submitted until after he initiated
this lawsuit.
Plaintiff’s April 30, 2025, grievance fails for similar reasons. 	This grievance provides as
follows:
I, Alvin Wesley King, have been trying all morning long, this
04/30/2025 morning, to talk to and work with detention center staff
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James Montano, Tiffany Stanley, and Dominique Dodson to try to
get my power of attorney signed over to my mother. 	The power of
attorney form has to be signed by both parties the same way in which
it was done for Wayne Pennington and his fiancé earlier this month
in the presence of Tiffany Stanley who is a Notary Public. 	This is
a violation of my constitutional right to due process and, since it was
done in the proper legal manner for Mr. Pennington and his fiancé
but not for me, it’s also discrimination!
(ECF No. 24-3 at 10). 	In response, Defendant Guy responded that same day saying he would
“look into the matter.” 	Id. 	The problem with this grievance is two-fold: First, the subject matter
of the grievance concerns his access to a notary, not the conditions of his confinement, which is
the basis for his lawsuit. 	Second, the grievance was submitted after he initiated his lawsuit and
thus does not satisfy § 1997e(a)’s exhaustion requirement for this reason, as well. 	See Johnson,
340 .3d at 627 (“If exhaustion was not completed at the time of filing, dismissal is mandatory.”).
The grievances Plaintiff identifies, therefore, also do not satisfy § 1997e(a)’s exhaustion
requirement. 	Upon close review of the record, moreover, the Court finds no other grievance or
request that satisfies this requirement. 	See also Crossley v. Georgia-Pacific Corp., 355 F.3d
1112, 1114 (8th Cir. 2004) (citing Jaurequi v. Carter Mfg. Co., 173 F.3d 1076, 1085 (8th Cir.
1999) (“A district court is not obligated to wade through and search the entire record for some
specific facts which might support the nonmoving party’s claim.”)). 	Accordingly, there is no
material fact dispute that Plaintiff failed to satisfy either one of ACDC’s grievance procedures
before initiating this action in accordance with § 1997e(a).
B. 	The ACDC Grievance Procedure was “Available”
Concluding that Plaintiff failed to satisfy the ACDC’s grievance procedure(s) does not end
the Court’s exhaustion analysis. 	“Under [42 U.S.C. § 1997e(a)], the exhaustion requirement
hinges on the ‘availability’ of administrative remedies. 	An inmate must exhaust available
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remedies, but need not exhaust unavailable ones.” 	Smith v. Andrews, 75 F.4th 805, 808-09 (8th
Cir. 2023) (internal omitted) (cleaned up). 	“It follows that administrative remedies are
‘unavailable’ to an inmate under [section 1997e(a)] when (1) the inmate was unable to file a timely
grievance due to physical or mental incapacity; and (2) the administrative system’s rules do not
accommodate the condition by allowing a late filing.” 	Id. at 809 (citations omitted) (listing cases).
Further, 	the 	Supreme 	Court 	has 	recognized 	“three 	kinds 	of 	circumstances 	in 	which 	an
administrative remedy, although officially on the books, is not capable of use to obtain relief.”
Ross v. Blake, 578 U.S. 632, 643 (2016). 	First, “an administrative procedure is unavailable when
(despite what regulations or guidance materials may promise) it operates as a simple dead end –
with officers unable or consistently unwilling to provide any relief to aggrieved inmates.” 	Id.
Second, “an administrative scheme might be so opaque that it becomes, practically speaking,
incapable of use.” 	Id. 	Finally, an administrative procedure is unavailable “when prison
administrators thwart inmates from taking advantage of a grievance process through machination,
misrepresentation, or intimidation.” 	Id. at 644.
Plaintiff’s response in opposition to Defendants’ Motion for Summary Judgment appears
to offer several reasons why the Court should excuse his failure to exhaust, namely: (1) Plaintiff
says that Defendants Sheriff Sturgeon and Jail Administrator Guy “unlawfully denied his request
for a deposition,” the subject of which was going to be the conditions of confinement (ECF No.
29 at 2); (2) the Defendants were aware of the conditions of confinement because other inmates
repeatedly complained and filed grievance about them (id. at 3); (3) he was not aware of any appeal
process (id. at 4-5); and (4) the grievance procedure is futile (id. at 5). 	Plaintiff’s complaint,
moreover, offers a fifth potential explanation for his non-compliance, i.e., the kiosk system only
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allows inmates to submit one grievance at a time and that grievance must be addressed before the
inmate may submit a second grievance. 	(ECF No. 1). 	For the reasons described below, however,
these excuses do not render the grievance procedure unavailable within the meaning of § 1997e(a).
First, the detention center’s grievance procedure defines the boundaries of proper
exhaustion under § 1997e(a). 	See Abdul-Muhammad, 486 F.3d at 446. 	Here, under both the
ACDC Policies and Procedures Manual and the ACDC Detainee Handbook, an inmate must file a
grievance to initiate the grievance procedure. 	Neither procedure contemplates initiating a
grievance by deposition, nor does either procedure explicitly contemplate initiating grievances on
behalf of other inmates. 	Second, the opportunity to appeal is outlined in both the ACDC Policies
and Procedures Manual and the ACDC Detainee Handbook. 	To the extent Plaintiff contends that
he was not aware of that process, he asserts no facts suggesting that—contrary to the ACDC
Policies and Procedures Manual—the ACDC Detainee Handbook (at least) was not available for
him to read on the kiosk system.
Third, while Plaintiff claims that the grievance procedure is futile, “[a]n administrative
remedy will be deemed futile if there is doubt about whether the agency could grant effective
relief.” 	Jihad v. Fabian, 680 F.Supp.2d 1021, 1040 (D. Minn. 2010) (quoting Ace Prop. & Cas.
Insur. Co. v. Federal Crop Ins., 440 F.3d 992, 1000 (8th Cir. 2006)). 	But Plaintiff has not asserted
any evidence suggesting that the ACDC could not grant him any relief from his alleged
unconstitutional conditions of confinement, by, for example, adjusting the hot water, repairing the
broken toilets, or remediating the alleged mold.
Finally, Defendants have introduced evidence showing that the ACDC kiosk system does
not limit the number of grievances an inmate may file. 	(ECF No. 24-1 at ¶ 21). 	Plaintiff has not
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controverted this evidence with any facts sufficient to raise a material fact for trial. 	Accordingly,
the Court considers this fact undisputed for the purposes of summary judgment. 	See Fed. R. Civ.
P. 56(e)(2). 	Notably, moreover, Plaintiff’s April 25, 2025, grievance was the only grievance he
submitted during the relevant timeframe, and jail officials addressed that grievance on the same
day it was filed. 	Thus, even if, as Plaintiff suggests, the ACDC kiosk system only allows inmates
to submit one grievance at a time, there is nothing in the record establishing why he did not submit
a grievance at any time before or after April 25, 2025. 	Plaintiff’s reasons for his non-compliance
with the ACDC grievance procedure are therefore not persuasive. 	Accordingly, on this record no
reasonable juror could conclude that the ACDC grievance procedure was “unavailable” to Plaintiff
within the meaning of 42 U.S.C. § 1997e(a).
V. 	CONCLUSION
In sum, for the reasons and upon the authorities discussed above, the Defendants’ Motion
for Summary Judgment for Failure to Exhaust Administrative Remedies (ECF No. 22) is
GRANTED and this case is DISMISSED WITHOUT PREJUDICE.
IT IS SO ORDERED this 26th day of January 2026.
/s/	
Mark E. Ford
HON. MARK E. FORD
UNITED STATES MAGISTRATE JUDGE
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