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Slip Opinion
N.D.N.Y.
2019
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Background

  • Plaintiff James N. Scott, a DOCCS inmate, alleged violation of his Fourteenth Amendment equal protection rights after Muslim inmates were not permitted to attend Jumm’ah services at Upstate Correctional Facility on December 25, 2015.
  • Scott filed an IGRC grievance on December 26, 2015; IGRC and the Superintendent ruled in his favor on January 5 and January 21, 2016 respectively; Scott appealed to CORC, which received the appeal February 11, 2016 and issued a decision on May 18, 2016.
  • Scott commenced this federal § 1983 action on April 1, 2016—before CORC issued its final determination—and amended his complaint later; defendants moved for summary judgment arguing failure to exhaust and lack of evidence of discriminatory intent.
  • Plaintiff did not contact CORC or the IGP supervisor about the status of his appeal before filing suit, and his letters to IGRC/CORC were dated after he filed the federal complaint and after the 45‑day receipt deadline in the DOCCS regulations.
  • The magistrate judge concluded administrative remedies were not exhausted prior to filing and that CORC’s roughly two‑month delay did not render the grievance process unavailable under PLRA exceptions; recommended dismissal without prejudice.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether Scott exhausted administrative remedies before filing suit Scott contends CORC effectively refused or delayed decision making, rendering remedies unavailable Defendants argue Scott filed suit before CORC decision and did not complete DOCCS grievance steps Court: Scott failed to exhaust; CORC’s ~2‑month delay did not make remedies unavailable
Whether CORC delay excuses PLRA exhaustion requirement Scott argues delay made grievance process unavailable under Ross v. Blake exception Defendants say delay was short and Scott did not follow procedures to check status Court: Delay was short; Scott did not contact CORC/IGP within regulatory timeframes; exception not met
Whether merits of equal protection claim must be reached Scott asserts discriminatory denial of religious services Defendants contend exhaustion failure disposes of claim and merits need not be addressed Court: Declined to reach merits because of exhaustion failure
Proper disposition Scott seeks to proceed on his amended complaint Defendants seek judgment dismissing claims Court: Recommended granting summary judgment; dismiss amended complaint without prejudice so Scott may exhaust and refile

Key Cases Cited

  • Celotex Corp. v. Catrett, 477 U.S. 317 (summary judgment burden allocation)
  • Anderson v. Liberty Lobby, 477 U.S. 242 (genuine issue of material fact standard)
  • Woodford v. Ngo, 548 U.S. 81 (PLRA exhaustion requires compliance with procedural rules)
  • Ross v. Blake, 136 S. Ct. 1850 (availability exception to mandatory exhaustion)
  • Neal v. Goord, 267 F.3d 116 (exhaustion must occur before filing; post‑filing CORC decision does not cure defect)
  • Triestman v. Federal Bureau of Prisons, 470 F.3d 471 (solicitude for pro se litigants but not exemption from procedural rules)
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Case Details

Case Name: Scott v. Uhler
Court Name: District Court, N.D. New York
Date Published: Jul 31, 2019
Citations: 2019 U.S. Dist. LEXIS 128783; 2019 WL 5197139; 9:16-cv-00403
Docket Number: 9:16-cv-00403
Court Abbreviation: N.D.N.Y.
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