Torry v. Weintraub, Palop, and Godiwalla

Summary

The court denied state defendants' motions for summary judgment based on failure to exhaust administrative remedies and for judgment on the pleadings in an inmate's Eighth Amendment deliberate-indifference medical-care action. The court held that prison officials improperly rejected the plaintiff's grievance concerning an ongoing kidney-care issue, rendering administrative remedies unavailable, and concluded that the statute-of-limitations issue was not clear from the pleadings.

Holdings

1. Torry's administrative remedies were unavailable because prison officials improperly rejected his grievance concerning an ongoing medical issue as untimely after acknowledging that the issue was ongoing. The rejection therefore did not establish a failure to exhaust.
2. The State Defendants were not entitled to judgment on the pleadings because, in light of the court's conclusion that Torry did not fail to exhaust, it was not clear from the pleadings that the claim against Palop was time-barred.

Questions Presented

1. Whether Torry exhausted available administrative remedies under the Prison Litigation Reform Act when prison officials rejected his grievance concerning an ongoing medical-care problem as untimely.
2. Whether the State Defendants were entitled to judgment on the pleadings on the ground that Torry's claim against Palop was barred by the statute of limitations.
3. Whether discovery should be stayed pending issuance of a scheduling order.

Disposition

other