Tylo Jerome Felix, Jr. v. C. Cazores, et al.

Summary

The document is findings and recommendations in a 42 U.S.C. § 1983 action concerning alleged excessive force by correctional officers. The court recommends granting defendants’ motion for summary judgment because Plaintiff failed to exhaust available administrative remedies under the Prison Litigation Reform Act, including by failing to separately appeal the cancellation of his grievance. The recommendations are subject to a 14-day objection period.

Holdings

1. Plaintiff failed to exhaust available administrative remedies before filing his Eighth Amendment excessive-force claims.
2. The grievance process remained available despite the cancellation, exceptional-delay notices, duplicative-appeal screening, and Plaintiff's asserted mental-health conditions.
3. Defendants were entitled to summary judgment on the exhaustion issue.

Questions Presented

1. Whether Plaintiff exhausted available administrative remedies before filing his § 1983 excessive-force claims as required by the PLRA.
2. Whether the cancellation of Plaintiff's grievance, the exceptional-delay notices, his duplicative appeal, or his alleged mental-health conditions rendered the administrative remedies effectively unavailable.
3. Whether Defendants were entitled to summary judgment on exhaustion.

Disposition

other