Garcia v. Allison

Summary

The document contains findings and recommendations in a prisoner civil-rights action under 42 U.S.C. § 1983 in the Eastern District of California. The magistrate judge recommends granting Defendant Kurgan’s motion for summary judgment because the plaintiff failed to properly exhaust available administrative remedies for his Eighth Amendment excessive-force claim. The court also recommends closing the case.

Holdings

1. The magistrate judge recommended granting summary judgment because the undisputed record showed that plaintiff did not properly exhaust the available administrative remedies for his remaining Eighth Amendment claim.
2. Plaintiff's unsworn assertions in his opposition were insufficient to create a genuine dispute of material fact because the opposition was not made under penalty of perjury and did not constitute evidence for purposes of summary judgment.

Questions Presented

1. Whether defendant was entitled to summary judgment because plaintiff failed to properly exhaust available administrative remedies before bringing his § 1983 action.
2. Whether plaintiff's unsworn opposition could create a genuine dispute of material fact concerning the date he submitted his administrative appeal.
3. Whether the record showed that the administrative appeal process was unavailable to plaintiff or otherwise excused his failure to comply with the applicable deadline.

Disposition

other