Opinion
99-CV-6169L.
August 11, 2004
DECISION AND ORDER
INTRODUCTION
This is a pro se civil rights action brought by Detroy Livingston, an inmate in the custody of the New York State Department of Correctional Services ("DOCS"). On April 3, 2003, the Court issued a Decision and Order denying defendants' motion for summary judgment. The ground for the motion was defendants' assertion that plaintiff had not exhausted his administrative remedies as required by the Prison Litigation Reform Act of 1995 (" PLRA"), 42 U.S.C. § 1997e(a).
In my prior decision, I stated that there was insufficient evidence before me to determine whether plaintiff had complied with the PLRA's exhaustion requirement. Defendants have since filed supplemental submissions concerning the exhaustion issue, and have renewed their motion. Plaintiff has also filed additional materials in response to defendants' motion.
Having reviewed and considered the parties' supplemental submissions, the Court denies defendants' motion. It appears that plaintiff did make "reasonable attempts" to grieve the incident giving rise to this lawsuit, and to pursue the matter as far as he could, but that the relevant DOCS officials simply did nothing in response. Under these circumstances, I find that plaintiff has sufficiently exhausted his administrative remedies. See Griffith v. Selsky, ___ F.Supp.2d ___, 2004 WL 1638033, at *3 (W.D.N.Y., July 22, 2004); Lane v. Doan, 287 F.Supp.2d 210, 212-13 (W.D.N.Y. 2003).
CONCLUSION
Defendants' renewed motion for summary judgment (Docket #140) is denied.
IT IS SO ORDERED.