John Cromer Jr. v. Mohney, Correctional Officer; R. Irwin, Superintendent/Warden/Facility Manager of SCI-Forest; C.O. G. Shilling, C.O. Young, C.O. M.S. Piuing, and C.O. Sgt. Lamoreaux

Summary

The United States District Court for the Western District of Pennsylvania considered Defendants’ motion to dismiss in a prisoner civil-rights action alleging failure to protect and excessive force. The court converted the motion to one for summary judgment under Federal Rule of Civil Procedure 56 because Defendants submitted materials outside the pleadings. The court granted summary judgment for Defendants, concluding that John Cromer failed to exhaust available administrative remedies under the Prison Litigation Reform Act.

Holdings

1. A motion to dismiss supported by materials outside the pleadings may be treated as a motion for summary judgment after notice and an opportunity for the parties to respond.
2. A prisoner bringing a § 1983 action concerning prison conditions must exhaust available administrative remedies before filing suit, including substantial compliance with the applicable prison grievance procedures and deadlines.
3. Defendants were entitled to summary judgment because there was no genuine dispute that Cromer failed to complete the final SOIGA appeal and failed to show that administrative remedies were unavailable.

Questions Presented

1. Whether Defendants' motion to dismiss should be treated as a motion for summary judgment because materials outside the pleadings were submitted.
2. Whether Cromer failed to exhaust available administrative remedies as required by the Prison Litigation Reform Act before bringing his § 1983 action.
3. Whether the record presented a genuine dispute of material fact concerning Cromer's exhaustion of administrative remedies or the availability of those remedies.

Disposition

other