Kayla D. McClusky
How Judge McClusky decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Rigorous on PLRA / Louisiana PLRA administrative exhaustion: a prisoner who files no grievance before suing loses on summary judgment, and a 'speculative fear' of retaliation does not render the grievance process 'unavailable' (Ross v. Blake). She enforces proper, complete exhaustion (Woodford v. Ngo) and applies the LA PLRA to pendent state-law prison claims under Erie.
“Griffin's speculative fear that adverse consequences might result from submitting a grievance is not sufficient to excuse his failure to comply with the ARP. He has not shown that he lacked access to or was otherwise prevented from discovering the grievance procedures at UPDC.”
Procedural preferences
Where exhaustion is dispositive she decides on that ground alone and expressly declines to reach the constitutional merits -- a clean, narrow disposition style.
“Having determined that Griffin's claims are subject to dismissal for failure to exhaust administrative remedies, the Court does not reach the merits of his claims.”
Cautions
A prisoner-plaintiff who jumps the grievance process risks not just dismissal but dismissal WITH PREJUDICE to refiling in forma pauperis (Underwood v. Wilson) -- exhaust the ARP fully before filing, or forfeit IFP status.
“DISMISSED WITHOUT PREJUDICE on the merits but DISMISSED WITH PREJUDICE for purposes of proceeding in forma pauperis pursuant to 28 U.S.C. § 1915.”
Motion outcomes
Counted from classified signed orders only. Percentages are shown only where the sample is large enough to be meaningful; smaller samples are reported as raw counts.
| Motions to dismiss N = 2 |
Granted: 1Denied: 1 | counts only |
| Summary judgment N = 1 |
Granted: 1 | counts only |
A "1 of 1" is one ruling, not a tendency. Treat small samples as illustrative, not predictive.
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“IT IS RECOMMENDED that the Motion for Summary Judgment [doc. #14] filed by Defendant Warden Donnie Adams be GRANTED and that Plaintiff... claims be DISMISSED WITHOUT PREJUDICE on the merits but DISMISSED WITH PREJUDICE for purposes of proceeding in forma pauperis pursuant to 28 U.S.C. § 1915.”
“the Motion to Dismiss for Failure to State a Claim Pursuant to Federal Rule of Civil Procedure 12(b)(6) [Doc. No. 92] filed by Defendant Sheriff Gary Gilley is GRANTED... Plaintiff Glen Stewart's Monell liability claims pursuant to 42 U.S.C. § 1983 and his claim under Louisiana Revised Statute § 44:1 against Defendant Sheriff Gary Gilley is DISMISSED WITHOUT PREJUDICE.”
“IT IS ORDERED that Defendant Davis Premier Estates, L.L.C.'s motion to dismiss for failure to state a claim upon which relief can be granted [Doc. No. 14] is hereby DENIED.”
Caseload & timing
From public federal docket records for this judge.
Median case duration in the sampled dockets: 89 days (N = 4).