WDNY — Prison Litigation: Doe v. Selsky

U.S. District Court, WDNY 

Prison Litigation

Tolling Statute of Limitations — Administrative Grievances

Doe v. Selsky
08-cv-6199L
Judge Larimer

Background: The Second Circuit vacated a prior dismissal of the pro se plaintiff’s prisoner action, with instructions for the court to determine whether the plaintiff’s fling of administrative grievances tolled the statute of limitations on his claims. Many of the plaintiff’s claims were dismissed as time-barred, except for one count of malicious prosecution. Three years later, summary judgment was granted for the defendants.

Ruling: The District Court held that the plaintiff alleged enough facts that, if true, could render his claims timely. The plaintiff had pursued or attempted to pursue his administrative remedies through the grievance process.  However, he was prevented from doing so due to the prison staff’s refusal to process, or outright destruction of, his grievances.

John Doe, pro se; Gary M. Levine of the New York State Office of the Attorney General for the defendant