midpage
Slip Opinion
S.D.N.Y.
2022
Read the full case

Background

  • Plaintiff Raiquan K. Falls, proceeding pro se, sued five OCCF staff under 42 U.S.C. § 1983 for excessive force (July 4, 2016), conspiracy to use excessive force, and denial of procedural due process. Defendants moved for summary judgment.
  • July 4, 2016: ERT officers entered Falls’s cell after a reported suicide attempt; Falls alleges he was tackled, body‑slammed, restrained, kneed, punched, and kicked. Defendants describe use of force to subdue an unresponsive inmate.
  • OCCF had a written grievance procedure; Falls received the inmate handbook, had filed grievances previously, and was issued multiple grievance forms while housed in D1. Falls admits he did not file a grievance about the July 4 incident.
  • Falls asserted he was denied a grievance form or pen/paper and relied on an Inmate Discipline Absentia Hearing submission, but record evidence (videos, grievance logs, medical and hearing forms) contradicted those excuses.
  • Procedural posture: Defendants served a Local Rule 56.2 notice and summary judgment papers; Falls did not file opposition or timely update contact info despite Court warnings. Separately, Lt. Penney died; counsel filed a proper suggestion of death and the Court directed Falls to move to substitute the decedent’s estate, but Falls never filed a timely substitution motion.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether Falls’ excessive‑force claim is barred for failure to exhaust administrative remedies under the PLRA Falls says he could not obtain a grievance form or pen/paper and attempted to raise the claim via a disciplinary hearing form OCCF had an available grievance process; Falls knew the procedure, had used it before, was given grievance forms and had access to pen/paper; he did not properly file a grievance within the required procedure and time Court: grant summary judgment for Defs.; Falls failed to exhaust and did not show grievance process was unavailable, so excessive‑force claim dismissed
Whether the conspiracy claim is barred by failure to exhaust Falls did not separately grieve conspiracy claim; claims notified via other means Conspiracy claim falls within grievance scheme; failure to exhaust applies equally Court: grant summary judgment; conspiracy claim dismissed for failure to exhaust (with prejudice because remedies now time‑barred)
Whether Falls’s procedural due process claim against Lt. Penney should be dismissed because of decedent substitution failure under Fed. R. Civ. P. 25 Falls sought substitution informally and did not file a formal Rule 25 motion after being instructed how to do so Defendants served a formal suggestion of death and the Court ordered Falls to serve a substitution motion within 90 days; he failed to do so Court: grant summary judgment as to Lt. Penney claim; action against decedent dismissed for failure to timely move for substitution under Rule 25
Whether summary judgment could be entered despite pro se plaintiff not opposing the motion Falls gave reasons for not responding (address changes, reincarceration); says he should receive another copy Defendants served Local Rule 56.2 notice and full motion; Court repeatedly warned Falls about updating contact info and consequences of non‑response Court: Falls received adequate notice; failure to oppose did not auto‑deny motion but supports granting judgment where undisputed facts show failure to exhaust and procedural default

Key Cases Cited

  • Celotex Corp. v. Catrett, 477 U.S. 317 (summary judgment standard)
  • Anderson v. Liberty Lobby, 477 U.S. 242 (summary judgment and genuine dispute standard)
  • Porter v. Nussle, 534 U.S. 516 (PLRA exhaustion applies to excessive force claims)
  • Jones v. Bock, 549 U.S. 199 (exhaustion requires compliance with prison procedural rules)
  • Woodford v. Ngo, 548 U.S. 81 (proper exhaustion and procedural compliance)
  • Ross v. Blake, 136 S. Ct. 1850 (when administrative remedies are "unavailable")
  • Hubbs v. Suffolk Cnty. Sheriff’s Dep’t, 788 F.3d 54 (burden shifting on exhaustion defense)
  • Macias v. Zenk, 495 F.3d 37 (informal notice insufficient for exhaustion)
  • Champion v. Artuz, 76 F.3d 483 (pro se plaintiff must receive notice before summary judgment by default)
Read the full case

Case Details

Case Name: Falls v. Campbell
Court Name: District Court, S.D. New York
Date Published: Mar 30, 2022
Citations: 2022 WL 1004179; 7:17-cv-00035
Docket Number: 7:17-cv-00035
Court Abbreviation: S.D.N.Y.
Log In