Grays v. McGrain

333 F. Supp. 3d 225
CourtDistrict Court, W.D. New York
DecidedSeptember 20, 2018
Docket1:13-CV-00532 EAW
StatusPublished
Cited by6 cases

This text of 333 F. Supp. 3d 225 (Grays v. McGrain) is published on Counsel Stack Legal Research, covering District Court, W.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Grays v. McGrain, 333 F. Supp. 3d 225 (W.D.N.Y. 2018).

Opinion

ELIZABETH A. WOLFORD, United States District Judge

BACKGROUND

Pro se plaintiff Jerry Grays ("Plaintiff") filed this action pursuant to 42 U.S.C. § 1983, on May 17, 2013, claiming that his constitutional rights were violated through an alleged assault and the denial of medical care while he was incarcerated at the Elmira Correctional Facility. (Dkt. 1). Plaintiff filed an amended complaint on January 4, 2016. (Dkt. 33). The case was referred to United States Magistrate Judge H. Kenneth Schroeder, Jr., for disposition of all non-dispositive motions, and to hear and report on dispositive motions for the consideration of this Court pursuant to 28 U.S.C. § 636(b)(1). (See Dkt. 67).

On March 27, 2017, defendants Peter Braselman ("Braselman"),1 Ronald Manwaring ("Manwaring"), Harry McAlinn ("McAlinn"), David McGrain ("McGrain"), and Amy Sechrist ("Sechrist") (collectively, "Defendants") filed a motion for summary judgment pursuant to Fed. R. Civ. P. 56, seeking dismissal of the claims in Plaintiff's amended complaint. (Dkt. 65). While that motion was pending, this Court adopted the Report and Recommendation of Judge Schroeder (Dkt. 68) recommending the granting of Sechrist's previously-filed motion to dismiss (Dkt. 41), but the Court also granted Plaintiff leave to file an amended complaint to assert a First Amendment retaliation claim (Dkt. 78). Plaintiff filed a second amended complaint on August 10, 2017. (Dkt. 82). On November 16, 2017, Sechrist filed a motion for judgment on the pleadings pursuant to Fed. R. Civ. P. 12(c) or alternatively for summary judgment pursuant to Fed. R. Civ. P. 56, directed to Plaintiff's second amended complaint. (Dkt. 87). Judge Schroeder issued a Text Order "[i]n the interests of judicial economy and upon defendants' request" construing Defendants'

*229initial motion for summary judgment (Dkt. 65) as directed against the second amended complaint (Dkt. 86).

After briefing of the respective motions before Judge Schroeder, he issued a Report, Recommendation and Order on June 19, 2018 (Dkt. 101), recommending that Sechrist's motion for summary judgment or for judgment on the pleadings (Dkt. 87) be granted, and that the motion for summary judgment filed by Braselman, Manwaring, McAlinn, McGrain, and Sechrist (Dkt. 65) be granted in part and denied in part.

On June 27, 2018, Defendants filed Objections to the Report and Recommendation to the extent it recommended that administrative remedies were unavailable to Plaintiff as a matter of law, and to the extent it recommended denial of the motion concerning the allegations against McGrain as to the events of August 30, 2011-the night before the alleged use of excessive force. (Dkt. 102). On July 9, 2018, Plaintiff filed Objections to the Report and Recommendation to the extent it recommended granting summary judgment in favor of Braselman. (Dkt. 105). Defendants filed a Reply to Plaintiff's Objections on July 23, 2018 (Dkt. 106), and Plaintiff filed a Reply to Defendants' Objections on the same date (Dkt. 107).

DISCUSSION

I. Standard of Review

A district court reviews any specific objections to a report and recommendation under a de novo standard. Fed. R. Civ. P. 72(b)(3) ; see also 28 U.S.C. § 636(b)(1)(C) ("A judge of the court shall make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made."). To trigger the de novo review standard, objections must "specifically identify the portions of the proposed findings and recommendations to which objection is made and the basis for each objection." L.R. Civ. P. 72(b); see, e.g., Molefe v. KLM Royal Dutch Airlines , 602 F.Supp.2d 485, 487 (S.D.N.Y. 2009). In the absence of a specific objection, the district court reviews for clear error or manifest injustice. Singh v. N.Y. State Dep't of Taxation & Fin. , 865 F.Supp.2d 344, 348 (W.D.N.Y. 2011). Following review of the report and recommendation, the district judge "may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge." 28 U.S.C. § 636(b)(1).

II. Defendants' Objections

A. Exhaustion of Remedies with Respect to Assault

Defendants contend that the Report and Recommendation, in effect, recommended granting summary judgment in favor of Plaintiff on the issue of whether he exhausted his administrative remedies, even though Plaintiff did not move for summary judgment on that issue. (Dkt. 102 at 3-5). In support of their argument, Defendants rely on the portion of the Report and Recommendation discussing the grievance given by Plaintiff to Sechrist about the alleged assault:

For the foregoing reasons, this Court finds that the DOCCS' grievance procedures that were technically available to plaintiff at ERC were 'so opaque and confusing' that they were, 'practically speaking, incapable of use.' Ross[ v. Blake , --- U.S. ----], 136 S.Ct. [1850,] at 1859[, 195 L.Ed.2d 117 (2016) ] ; Williams , 829 F.3d at 126. And that, in giving his grievance alleging his assault to CO Sechrist, plaintiff exhausted all administrative remedies that were available to him. 42 U.S.C. § 1997e(a).

*230(Dkt. 101 at 14). Plaintiff replies that he is not trained in the law, and that based on the facts and case law he cites, the administrative remedies were, in fact, not available to him. (Dkt. 107 at 2-3).

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Oates v. Cotto
D. Connecticut, 2024
Jordan v. Gifford
D. Connecticut, 2022
Davis v. Furey
D. Connecticut, 2021
Oh v. Saprano
D. Connecticut, 2020
Eason v. Quinn
D. Connecticut, 2020
Aiello v. Lamitie
N.D. New York, 2020

Cite This Page — Counsel Stack

Bluebook (online)
333 F. Supp. 3d 225, Counsel Stack Legal Research, https://law.counselstack.com/opinion/grays-v-mcgrain-nywd-2018.