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Slip Opinion
N.D.N.Y.
2020
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Background

  • Pro se prisoner Charles J. Smith alleges Corrections Officer Jaynes issued a false misbehavior report and sent him to SHU in retaliation for trying to go to the law library / requesting to speak to a sergeant and for filing a prior lawsuit. Only a First Amendment retaliation claim against Jaynes remained after initial screening.
  • Smith claims some personal property was missing after transfer to SHU and filed grievances about property; he also contends he submitted a separate grievance about Jaynes’s retaliation that staff never filed.
  • Defendant Jaynes moved for summary judgment arguing Smith failed to exhaust DOCCS’s three-step Inmate Grievance Program (IGP) before filing suit.
  • The record shows Smith filed grievances about property but not a filed grievance specifically alleging Jaynes’s retaliation; Smith appealed consolidated grievances to CORC but never received a CORC response.
  • The court found an appeal of a disciplinary determination does not substitute for the IGP grievance process for a retaliation claim.
  • Because factual disputes remain (e.g., whether a retaliation grievance was submitted but lost, or Smith was misled about grievance procedures) and discovery has not been completed, the magistrate judge recommended denying the summary-judgment motion without prejudice to renew after discovery.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether Smith exhausted administrative remedies for his retaliation claim Smith says he submitted a grievance about retaliation (which staff failed to file) and believed it was consolidated with other July grievances Jaynes says no grievance about retaliation was filed; only property grievances exist Court recommended finding exhaustion not shown and that summary judgment on exhaustion is premature because disputed facts remain
Whether an appeal of the disciplinary process exhausts a retaliation claim Smith contends he exhausted via disciplinary appeal Jaynes contends disciplinary appeal is not the IGP and does not exhaust retaliation claims Court held disciplinary appeal is insufficient to exhaust a retaliation claim; separate IGP process required
Whether failure to exhaust may be excused because remedies were unavailable Smith argues remedies were unavailable: grievance lost, staff misconduct, misinformation by officer, and SHU inmates’ inability to file Jaynes argues IGP was available and Smith filed relevant grievances about property Court held unavailability is a factual question under Ross v. Blake; given record gaps and need for discovery, denial without prejudice recommended

Key Cases Cited

  • Porter v. Nussle, 534 U.S. 516 (2002) (PLRA exhaustion requirement applies to all inmate suits about prison life)
  • Ross v. Blake, 136 S. Ct. 1850 (2016) (administrative remedies need not be exhausted if unavailable; availability exceptions described)
  • Woodford v. Ngo, 548 U.S. 81 (2006) (requires "proper exhaustion" including compliance with procedural rules)
  • Celotex Corp. v. Catrett, 477 U.S. 317 (1986) (summary judgment burden and standards)
  • Hellstrom v. U.S. Dep’t of Veterans Affairs, 201 F.3d 94 (2d Cir. 2000) (summary judgment rarely granted against plaintiff who lacked opportunity for discovery)
  • Messa v. Goord, 652 F.3d 305 (2d Cir. 2011) (court may hold an evidentiary hearing on exhaustion but discovery may be preferable)
Read the full case

Case Details

Case Name: Smith v. Jaynes
Court Name: District Court, N.D. New York
Date Published: Feb 4, 2020
Citations: 2020 WL 1149856; 9:18-cv-01107
Docket Number: 9:18-cv-01107
Court Abbreviation: N.D.N.Y.
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