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Perez v. Blot

United States District Court, S.D. New York
Apr 10, 2002
195 F. Supp. 2d 539 (S.D.N.Y. 2002)
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Treatment

Summary

finding informal exhaustion where a prisoner reported his grievance to officials who instituted an investigation by the Department of Correction's Inspector General's Office

Summary of this case from Roland v. Murphy
See 11 Summaries

Opinion

01 Civ. 7277 (WK)

April 10, 2002

Joel Landau, Prisoners' Legal Services of New York, Albany, for Plaintiff.

Valerie Singleton, Office of the Attorney General, New York, for Defendants.

OPINION ORDER

WHITMAN KNAPP, Senior United States District Judge.

Plaintiff Jerry Perez ("Plaintiff") is currently an inmate at the Auburn Correctional Facility. Plaintiff brought this excessive force action pursuant to 42 U.S.C. § 1983 in order to recover damages for an alleged assault he suffered at the hands of three correctional officers, Defendants M. Blot ("Blot"), P. Frazier ("Frazier"), and J. White ("White") (collectively "Defendants"), while he was an inmate at the Sing Sing Correctional Facility. Plaintiff has sought discovery as to, inter alia, the various grievance efforts, both formal and informal, which he pursued to exhaust his administrative remedies in regards to that assault as well as any investigations which may have resulted therefrom. However, Defendants refuse to provide discovery beyond that which relates to Plaintiff's formal grievance efforts pursuant to the procedure enumerated in 7 N.Y. COMP. CODES R. R., tit. 7, § 701, et seq., until we first address their forthcoming motion to dismiss Plaintiff's action on the grounds that he failed to exhaust his administrative remedies as required by the Prison Litigation Reform Act, 42 U.S.C. § 1997e(a).

Summaries of

Perez v. Blot

United States District Court, S.D. New York
Apr 10, 2002
195 F. Supp. 2d 539 (S.D.N.Y. 2002)

finding informal exhaustion where a prisoner reported his grievance to officials who instituted an investigation by the Department of Correction's Inspector General's Office

Summary of this case from Roland v. Murphy

granting plaintiff's motion to compel discovery on the issue of exhaustion before considering motion to dismiss for failure to exhaust claims

Summary of this case from Sweet v. Wende Correctional Facility

granting additional discovery regarding plaintiff's efforts to pursue informal administrative remedies

Summary of this case from Heath v. C.O. Saddlemire

In Perez, an inmate sought to avoid the grant of a motion to dismiss based on an alleged failure to exhaust administrative remedies by seeking discovery as to whether he filed a formal grievance, and discovery related to what that inmate contended was his submission of less formal complaints regarding an alleged assault.

Summary of this case from Butler v. Stirling

describing the grievance system

Summary of this case from Berman v. Durkin

describing the grievance system

Summary of this case from Smith v. Costello

describing the grievance system

Summary of this case from Salmon v. Bellinger

describing the grievance system

Summary of this case from Sanders v. Gifford

describing expedited grievance process under prior relevant regulation, 7 N.Y.C.R.R. § 701.11, which has since been re-codified

Summary of this case from Franklin v. Oneida Correctional Facility

In Perez, however, after the inmate plaintiff complained about the incident giving rise to his suit to numerous correctional officials, an exhaustive internal investigation was conducted by the Inspector General's Office, as a result of which the Inspector General's Office purportedly concluded that some or all of the defendants in the later federal action had used, excessive force, and allegedly referred the matter for further investigation to the New York State Police Bureau of Criminal Investigation. Upon further investigation, the state police allegedly referred the matter to the local district attorney's office for prosecution, of the correctional officers involved.

Summary of this case from Thomas v. Cassleberry

In Perez, however, the court ruled that more evidence of the plaintiff's actions was required before the court could conclude whether the plaintiff exhausted his administrative remedies.

Summary of this case from Rodgrigues v. Ward
Case details for

Perez v. Blot

Case Details

Full title:JERRY PEREZ, Plaintiffs, v. M. BLOT, P. FRAZIER, and J. WHITE, in their…

Court:United States District Court, S.D. New York

Date published: Apr 10, 2002

Citations

195 F. Supp. 2d 539 (S.D.N.Y. 2002)

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