485 F. App'x 478
2d Cir.2012Background
- Dennis, a prisoner, alleged Officers Stukes and Jenkins and Officer Hopkins failed to protect him from a planned inmate assault in his unit.
- The district court granted summary judgment to Stukes, Jenkins, and Hopkins on the merits.
- The district court also held that Dennis did not exhaust administrative remedies under the PLRA and did not decide potential special circumstances.
- Dennis argued he attempted to file a grievance but was told the issue was non-grievable and was not given a form.
- The court concluded there was no genuine dispute that Stukes and Jenkins were not deliberately indifferent and that Hopkins’ actions created a genuine dispute of material fact, but remanded the exhaustion issue for further factual findings.
- This court affirmatively ruled on Stukes and Jenkins, vacate as to Hopkins, and remand for further proceedings consistent with this order.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Dennis exhausted remedies under PLRA. | Dennis did attempt to file but faced non-grievable designation. | Defendants contend exhaustion was required and not shown. | Remanded to determine if special circumstances excused exhaustion. |
| Whether Stukes and Jenkins were deliberately indifferent. | Stukes and Jenkins knew of a threat and failed to act. | No notice of substantial risk; no stop orders proven. | Affirmed as to Stukes and Jenkins. |
| Whether Hopkins acted with deliberate indifference. | Hopkins instructed and encouraged conduct during assault. | Evidence insufficient to show objective risk. | Vacated and remanded for factual determinations on Hopkins. |
Key Cases Cited
- Farmer v. Brennan, 511 U.S. 825 (1994) (duty to protect prisoners from violence; deliberate indifference standard)
- Porter v. Nussle, 534 U.S. 516 (2002) (exhaustion required unless exceptions apply)
- Doninger v. Niehoff, 642 F.3d 334 (2d Cir. 2011) (summary judgment standard; exhaustion context)
- Collazo v. Pagano, 656 F.3d 131 (2d Cir. 2011) (de novo review of summary judgment; PLRA exhaustion context)
- Brownell v. Krom, 446 F.3d 305 (2d Cir. 2006) (special circumstances excusing exhaustion; district court rulings)