Mark Alan Char v. Michael Jefferson, Casey Irvine, Fia Duarte, Scott Harrington, Lyle Antonio, Joanna White, Robin Matsunaga, Mandy Feldt, Vince Moe, Edward Vaovasa, Michael Keopuhiwasr., Calvin Mock, Jr., Shannon Cluney, Deane Hatakeyama, Maura Tresch, Romey Glidewell

Summary

The United States District Court for the District of Hawaii grants defendants’ motions for summary judgment and a related joinder in Mark Alan Char’s prisoner civil rights action. The court holds that Char failed to exhaust available administrative remedies under the Hawaii Department of Correction and Rehabilitation’s inmate grievance process, and enters summary judgment for the moving defendants on all remaining claims.

Holdings

1. Char failed to exhaust available administrative remedies concerning the alleged August 21, 2021 threat, and he did not show that the grievance process was effectively unavailable to him.
2. Char failed to exhaust available administrative remedies concerning the alleged November 25, 2021 assault, and the defendants were entitled to summary judgment on the related excessive-force, failure-to-intervene, failure-to-protect, and intentional-infliction-of-emotional-distress claims.

Questions Presented

1. Whether Char exhausted available administrative remedies before filing claims arising from Jefferson's alleged August 21, 2021 threat.
2. Whether Char exhausted available administrative remedies before filing claims arising from the alleged November 25, 2021 assault.
3. Whether Char demonstrated that the administrative grievance process was effectively unavailable to him under the Prison Litigation Reform Act.

Disposition

other