No. 22-5034

Josef Cadwell v. Broderick Flescher, et al.

Lower Court: Sixth Circuit
Docketed: 2022-07-05
Status: Denied
Type: IFP
Response WaivedIFP
Tags: disciplinary-action imminent-risk investigation prea-grievance prison-rape-elimination-act sexual-abuse
Key Terms:
Punishment Privacy
Latest Conference: 2022-09-28
Question Presented (AI Summary)

Whether a prisoner's PREA grievance alleging imminent risk of sexual abuse requires an initial response within 48 hours and a final decision within 5 calendar days

Question Presented (OCR Extract)

No question identified. : DOCUMENT TYPE, EFFECTIVE DATE NUMBER POLICY DIRECTIVE 04/24/2017 03.03.140 pace 7 of 10 sexual abuse. The Warden, or designee, shall provide an initial response within 48 hours addressing the prisoner’s claim regarding imminent risk and whether emergent action is necessary. The facility's initial response shall be immediately forwarded to the PREA Manager who will provide the Department's final decision regarding the prisoner's claim of imminent risk. The PREA Manager will provide the decision within five calendar days of the submission of the grievance. The facility's response and the agency's final decision shall document whether the prisoner is in substantial risk of imminent sexual abuse and if any emergent action was necessary. QQ. _ If a prisoner makes false allegations of sexual abuse on a PREA grievance which is investigated and determined to be no evidence/unfounded, the prisoner may be disciplined in accordance with PD 03.03.105 "Prisoner Discipline” and this policy. PROPERTY OF INVESTIGATION OF SEXUAL ABUSE/SEXUAL HARASSMENT SRF LIBRARY | R

Docket Entries

2022-10-03
Petition DENIED.
2022-08-18
DISTRIBUTED for Conference of 9/28/2022.
2022-08-04
Waiver of right of respondents Broderick Flesher, Carolynn Wilson, and ALJ Wright to respond filed.
2022-06-23
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 4, 2022)

Attorneys

Broderick Flesher, Carolynn Wilson, and ALJ Wright
Fadwa A. HammoudMichigan Department of Attorney General, Respondent
Fadwa A. HammoudMichigan Department of Attorney General, Respondent
Josef Cadwell
Josef Cadwell — Petitioner
Josef Cadwell — Petitioner