Robert Dimitri v. Eric Velie, et al.

Summary

The United States District Court for the Northern District of New York adopted a magistrate judge's Report-Recommendation in Robert Dimitri's 42 U.S.C. § 1983 action concerning alleged excessive force at Great Meadow Correctional Facility. The court denied defendants' motion to dismiss and denied without prejudice their motion for summary judgment, finding a genuine factual dispute regarding whether administrative remedies were available and whether Dimitri attempted to file grievances. The court ordered limited discovery concerning exhaustion and permitted a renewed summary-judgment motion or exhaustion hearing thereafter.

Holdings

1. The court may consider the exhibits attached to plaintiff's original complaint because, in light of plaintiff's pro se status and the court's prior determination that he intended the exhibits to accompany the amended complaint, they were incorporated by reference and were integral to the amended complaint. The motion to dismiss was therefore denied.
2. Summary judgment was premature because plaintiff raised a genuine dispute of material fact as to whether he attempted to submit grievances that were never filed or answered, and consequently whether administrative remedies were available to him.

Questions Presented

1. Whether the district court could consider exhibits attached to plaintiff's original complaint when evaluating the motion to dismiss the amended complaint.
2. Whether defendants were entitled to summary judgment on the ground that plaintiff failed to exhaust available administrative remedies under the Prison Litigation Reform Act.
3. Whether the record contained a genuine dispute of material fact concerning plaintiff's alleged submission of grievances and the availability of the prison grievance process.

Disposition

other