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COURT OF APPEALS FOR THE SIXTH CIRCUIT
GILMAN, READLER, MATHIS
Kyle Brandon Richards v. Thomas Perttu


Advocates:
Sean Gray, UNIVERSITY OF VIRGINIA SCHOOL OF LAW, Charlottesville,
Virginia, for Appellant. Joshua S. Smith, OFFICE OF THE MICHIGAN ATTORNEY
GENERAL, Lansing, Michigan, for Appellee. ON BRIEF: Sean Gray, J. Scott Ballenger,
Lauren McNerney, UNIVERSITY OF VIRGINIA SCHOOL OF LAW, Charlottesville, Virginia,
for Appellant. Joseph Y. Ho, Austin C. Raines, OFFICE OF THE MICHIGAN ATTORNEY
GENERAL, Lansing, Michigan, for Appellee. Kyle Brandon Richards, Baraga, Michigan,
pro se.

Kyle Brandon Richards, a Michigan prisoner, appeals the district court’s judgment dismissing his 42 U.S.C. § 1983 civil-rights suit because Richards failed to exhaust his administrative remedies. For the reasons set forth below, we REVERSE the judgment of the district court and REMAND the case for further proceedings consistent with this opinion.

I. BACKGROUND Richards and two fellow inmates at the Baraga Correctional Facility in Michigan (the Plaintiffs) sued Resident Unit Manager Thomas Perttu based on allegations of sexual harassment, retaliation, and destruction of property, but only Richards has appealed the adverse judgment against them. In his retaliation claim, Richards alleges that Perttu prevented him from filing grievances related to Perttu’s alleged sexual abuse by ripping up the grievances or otherwise destroying them. The complaint lays out several specific instances when Perttu allegedly destroyed grievances that Richards had intended to file. Richards also claims that Perttu threatened to kill him if he persisted in trying to file more grievances, and that he was wrongfully held in administrative segregation for d

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