Lavond A. Hill v. Corrections Officer Vicklund

Summary

The United States District Court for the Western District of Pennsylvania granted Corrections Officer Vicklund’s motion for summary judgment in Lavond A. Hill’s civil rights action. The court adopted the magistrate judge’s Report and Recommendation and held that Hill failed to exhaust available administrative remedies before filing suit. The Second Amended Complaint was dismissed with prejudice, and the case was marked closed.

Holdings

1. Summary judgment was proper because Hill failed to file a grievance concerning the alleged incident involving Vicklund and the record established that the administrative grievance process was available to him.
2. The court would not consider new claims that Hill presented for the first time after the magistrate judge had addressed the case, and it declined to treat the supplement as an amendment because Hill had not sought leave to amend.

Questions Presented

1. Whether Vicklund was entitled to summary judgment because Hill failed to exhaust available administrative remedies before filing suit.
2. Whether Hill presented sufficient evidence to create a genuine dispute that the prison grievance process was unavailable because of intimidation, threats, confiscation of property, or other interference.
3. Whether the district court should consider new claims asserted for the first time in Hill's supplement and objections.

Disposition

dismissed