Negron v. Turco

354 F. Supp. 3d 117
CourtDistrict Court, District of Columbia
DecidedJanuary 2, 2019
DocketCIVIL ACTION NO. 16-40150-TSH
StatusPublished

This text of 354 F. Supp. 3d 117 (Negron v. Turco) is published on Counsel Stack Legal Research, covering District Court, District of Columbia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Negron v. Turco, 354 F. Supp. 3d 117 (D.D.C. 2019).

Opinion

TIMOTHY S. HILLMAN, DISTRICT JUDGE

*119Jose L. Negron ("Plaintiff") is incarcerated with the Massachusetts Department of Correction. Plaintiff has been housed at Souza-Baranowski Correctional Center, MCI-Concord, MCI-Shirley (Medium), and/or NCCI-Gardner at all times relevant to this litigation. On September 17, 2017, this Court issued an order dismissing all of Plaintiff's claims except found that Counts III and IV were plausibly pled. (Docket No. 87). Plaintiff's surviving claims are against Defendant Melendez for retaliation in violation of 42 U.S.C. § 1983 (Count III) and Defendants Nelligan and Cresey for failure to protect in violation of the Eighth Amendment (Count IV). For the reasons stated below, Plaintiff's motion (Docket No. 221) is denied and Defendants' motion (Docket No. 224) is granted.

Standard of Review

Rule 56 of the Federal Rules of Civil Procedure provides that the court shall grant summary judgment if the moving party shows, based on the materials in the record, "that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law." Fed. R. Civ. P. 56. A factual dispute precludes summary judgment if it is both "genuine" and "material." See Anderson v. Liberty Lobby, Inc. , 477 U.S. 242, 247-48, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). An issue is "genuine" when the evidence is such that a reasonable factfinder could resolve the point in favor of the nonmoving party. Morris v. Gov't Dev. Bank of Puerto Rico , 27 F.3d 746, 748 (1st Cir. 1994). A fact is "material" when it might affect the outcome of the suit under the applicable law. Id.

The moving party is responsible for "identifying those portions [of the record] which it believes demonstrate the absence of a genuine issue of material fact." Celotex Corp. v. Catrett , 477 U.S. 317, 323, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). It can meet its burden either by "offering evidence to disprove an element of the plaintiff's case or by demonstrating an 'absence of evidence to support the nonmoving party's case.' " Rakes v. United States , 352 F.Supp.2d 47, 52 (D. Mass. 2005), aff'd , 442 F.3d 7 (1st Cir. 2006) (quoting Celotex , 477 U.S. at 325, 106 S.Ct. 2548 ). Once the moving party shows the absence of any disputed material fact, the burden shifts to the non-moving party to place at least one material fact into dispute. Mendes v. Medtronic, Inc. , 18 F.3d 13, 15 (1st Cir. 1994) (citing Celotex , 477 U.S. at 325, 106 S.Ct. 2548 ). When ruling on a motion for summary judgment, "the court must view the facts in the light most favorable to the non-moving party, drawing all reasonable inferences in that party's favor." Scanlon v. Dep't of Army , 277 F.3d 598, 600 (1st Cir. 2002) (citation omitted).

Discussion

1. Count III

The principles of administrative exhaustion provide "that no one is entitled to judicial relief for a supposed or threatened injury until the prescribed administrative remedy has been exhausted." Myers v. Bethlehem Shipbuilding Corp. , 303 U.S. 41, 50-51, 58 S.Ct. 459, 82 L.Ed. 638 (1938). In addition, "[u]nder most circumstances, courts will not consider issues that were not raised in prior administrative proceedings." Northern Wind, Inc. v. Daley , 200 F.3d 13, 18 (1st Cir. 1999). These principles "serve[ ] a variety of worthwhile ends, including judicial economy, *120agency autonomy, and accuracy of result." Eagle Eye Fishing Corp. v. United States Dep't of Commerce , 20 F.3d 503, 505 (1st Cir. 1994).

Prisoners attempting to litigate their cases in court must also comply with these exhaustion requirements. The Prison Litigation Reform Act ("PLRA") provides in relevant part:

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Related

Myers v. Bethlehem Shipbuilding Corp.
303 U.S. 41 (Supreme Court, 1938)
Allen v. McCurry
449 U.S. 90 (Supreme Court, 1980)
McDonald v. City of West Branch
466 U.S. 284 (Supreme Court, 1984)
Anderson v. Liberty Lobby, Inc.
477 U.S. 242 (Supreme Court, 1986)
Woodford v. Ngo
548 U.S. 81 (Supreme Court, 2006)
Morris v. Government Development Bank
27 F.3d 746 (First Circuit, 1994)
United States v. Cunan
156 F.3d 110 (First Circuit, 1998)
Northern Wind, Inc. v. Daley
200 F.3d 13 (First Circuit, 1999)
Scanlon v. Department of Army
277 F.3d 598 (First Circuit, 2002)
Ellen Mendes v. Medtronic, Inc.
18 F.3d 13 (First Circuit, 1994)
Bagley v. Moxley
555 N.E.2d 229 (Massachusetts Supreme Judicial Court, 1990)
Rakes v. United States
352 F. Supp. 2d 47 (D. Massachusetts, 2005)

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Bluebook (online)
354 F. Supp. 3d 117, Counsel Stack Legal Research, https://law.counselstack.com/opinion/negron-v-turco-dcd-2019.