midpage
Slip Opinion
W.D.N.Y.
2016
Read the full case

Background

  • Pro se plaintiff Jonathan Richardson sued five DOCCS corrections officers under 42 U.S.C. § 1983, alleging excessive force on January 28, 2012 at Wende Correctional Facility.
  • Defendants moved for summary judgment arguing Richardson failed to exhaust administrative remedies under the PLRA before filing suit.
  • Administrative procedure in New York requires a three-step grievance process culminating in an appeal to the Central Office Review Committee (CORC).
  • DOCCS records (affidavit of Cynthia LaCoy) showed no CORC appeal by Richardson related to Wende CF or during 2012.
  • Richardson produced his original grievance and the superintendent’s denial and submitted an undated/unsigned copy of an alleged CORC appeal dated March 13, 2012 plus a conclusory affidavit claiming the appeal was filed and later discarded.
  • Court found (1) no admissible evidence the CORC appeal was filed; (2) the alleged CORC appeal would have been untimely under DOCCS rules; and (3) Richardson offered no facts to excuse non-exhaustion.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether Richardson exhausted administrative remedies by appealing to CORC Richardson says he appealed to CORC and that any missing appeal was discarded DOCCS records show no CORC appeal for Richardson; the appeal record is absent No exhaustion; court finds no CORC appeal in record
Whether Richardson’s submitted CORC appeal proof is sufficient The dated copy of the appeal and plaintiff affidavit show appeal The copy lacks clerk signature/receipt and is not authenticated Insufficient: document lacks indicia of filing or official receipt
Timeliness of any CORC appeal Richardson dated alleged appeal March 13, 2012 DOCCS requires CORC appeal within seven days of superintendent decision Even if filed, the March 13 submission would be untimely and thus not proper exhaustion
Whether non-exhaustion should be excused (e.g., grievance destroyed) Plaintiff claims appeal was intentionally thrown away; also points to delayed CORC response No specific facts or proof of interference; CORC correspondence indicates no appeal was filed No excuse; Hemphill factors not met — failure to exhaust is fatal

Key Cases Cited

  • Celotex Corp. v. Catrett, 477 U.S. 317 (summary judgment procedural standards)
  • Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (genuine issue for trial standard)
  • Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574 (purpose of summary judgment; assessing proof)
  • Woodford v. Ngo, 548 U.S. 81 (proper exhaustion requires compliance with deadlines and procedural rules)
  • Porter v. Nussle, 534 U.S. 516 (PLRA exhaustion applies to all prison-condition claims)
  • Messa v. Goord, 652 F.3d 305 (district courts decide factual disputes over exhaustion)
  • Hemphill v. New York, 380 F.3d 680 (circumstances under which exhaustion may be excused)
  • Hicks v. Baines, 593 F.3d 159 (conclusory allegations insufficient to create factual dispute)
Read the full case

Case Details

Case Name: Richardson v. Eberth
Court Name: District Court, W.D. New York
Date Published: Mar 29, 2016
Citations: 2016 WL 1271078; 6:14-cv-06138
Docket Number: 6:14-cv-06138
Court Abbreviation: W.D.N.Y.
Log In