By: Daily Record Staff//April 17, 2013
By: Daily Record Staff//April 17, 2013//
U.S. District Court, WDNY
Failure to Exhaust Administrative Remedies
Rivera v. Gleason, et al.
Background: The plaintiff commenced an action after corrections officers searched his prison cell and found cash and staff social security numbers. The plaintiff alleged he was assaulted by an officer when questioned about the contents of his cell. The defendants moved for summary judgment dismissing the complaint.
Ruling: The District Court granted the motion. The court found that the plaintiff never filed a grievance for his excessive force, failure to protect, and conspiracy claims. Therefore, the plaintiff failed to exhaust his administrative remedies with respect to those claims. With respect to his retaliation claim, the evidence established that any retaliation was in regards to his possession of staff social security numbers and not for the filing of any grievance.
Angelo Rivera, pro se; Gary M. Levine of the New York State Office of the Attorney General for the defendant