Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Lev v. Lewin

United States District Court, N.D. New York

January 8, 2020

EDWARD LEV, Plaintiff,
v.
DONNA LEWIN, in her individual and official capacities as Superintendent of Hudson Correctional Facility; ANTHONY J. ANNUCCI, in his individual and official capacities as Acting Commissioner of the New York Department of Corrections and Community Supervision; JOHN DOE 1, in his individual and official capacities as Deputy Commissioner of the New York Department of Corrections and Community Supervision; and JOHN DOE 2, in his individual and official capacities as Unit Supervisor for the Hudson Correctional Facility Adolescent Offender Segregation Unit, Defendants.

          For Plaintiff: Mario B. Williams Dallas S. LePierre NDH LLC.

          For Defendants Donna Lewin and Anthony J. Annucci: Letitia A. James Attorney General of the State of New York Helena O. Pederson Shannan C. Krasnokutski Assistant Attorneys General.

          MEMORANDUM-DECISION AND ORDER

          Hon. Brenda K. Sannes, United States District Judge.

         I. INTRODUCTION

         Plaintiff Edward Lev, who is in the custody of the New York Department of Corrections and Community Supervision (“DOCCS”) and allegedly suffers from severe mental illness, brings this action under 42 U.S.C. § 1983. (See generally Dkt. No. 1). The Complaint alleges that Plaintiff's confinement in a segregated unit at Hudson Correctional Facility (“Hudson”) constitutes cruel and unusual punishment in violation of the Eighth Amendment to the U.S. Constitution. (Id. at 1-2, 6-7, 15).[1] Plaintiff seeks declaratory and injunctive relief, as well as punitive damages, against four DOCCS officers: Defendant Donna Lewin, Hudson's Superintendent; Defendant Anthony J. Annucci, Acting Commissioner of DOCCS; an unnamed officer whose title is Deputy Commissioner of DOCCS; and another unnamed officer whose title is Unit Supervisor for Hudson's Adolescent Offender Separation Unit (“AOSU”). (Dkt. No. 1, at 17). In a Memorandum-Decision and Order entered on May 31, 2019, the Court granted Plaintiff's motion for preliminary injunctive relief and directed Plaintiff's release, who was then a minor, from disciplinary segregation. Paykina ex rel. E.L. v. Lewin, 387 F.Supp.3d 225 (N.D.N.Y. 2019).

         Presently before the Court is Defendants' motion for summary judgment on the ground that, inter alia, Plaintiff failed to exhaust his administrative remedies as required by the Prison Litigation Reform Act (“PLRA”), 42 U.S.C. § 1997e(a). (Dkt. No. 77). Plaintiff opposes Defendants' motion. (Dkt. No. 83). The Court held oral argument on the motion on December 19, 2019. For the reasons that follow, Defendants' motion is granted.

         II. BACKGROUND [2]

         The factual background is set forth in Paykina, 387 F.Supp.3d at 230-39. The Court only recites those facts material to the present motion.

         A. Grievance Procedure at Hudson

         Plaintiff was incarcerated at Hudson from August 2, 2018 through June 3, 2019. (Dkt. No. 77-12, ¶ 1; Dkt. No. 83-4, ¶ 1). “Upon [his] placement in Hudson, ” Plaintiff received and reviewed “a copy of the grievance procedures available.”[3] (Dkt. No. 83-2, ¶¶ 3-4).

         During the time period relevant to this action, Hudson had a “fully functioning inmate grievance process available.” (Dkt. No. 77-12, ¶ 5; Dkt. No. 83-4, ¶ 5). The inmate grievance process established by 7 N.Y.C.R.R. § 701 et seq., DOCCS Directive 4040, involves three steps: (i) a complaint to the Inmate Grievance Resolution Committee (“IGRC”) at the individual facility; (ii) an appeal to the Superintendent of the facility; and (iii) an appeal to the Central Office Review Committee (“CORC”). (Dkt. No. 77-12, ¶ 6; Dkt. No. 83-4, ¶ 6). Hudson, however, is subject to “DOCCS Directive 4041, titled ‘Inmate Grievance Program- Modification Plan'”; the primary modifications contained in Directive 4041 “address the fact that the unique populations in certain facilities limit the availability of inmates to function as inmate representatives or to serve on inmate grievance review committees.” (Dkt. No. 77-12, ¶ 7; Dkt. No. 83-4, ¶ 7). While “the purpose of Directive 4041 . . . is to modify the procedures contained in Directive 4040 for facilities subject to Directive 4041, ” such facilities “must [still] comply with the provisions of Directive 4040 to the extent that Directive is not otherwise modified by Directive 4041.” (Dkt. No. 77-12, ¶ 8; Dkt. No. 83-4, ¶ 8 (citing 7 N.Y.C.R.R. § 702.2(b)). The inmate grievance process under Directive 4041, like Directive 4040, involves three steps: (i) a complaint to the “designated staff person”; (ii) an appeal to the Superintendent; and (iii) an appeal to CORC. (Dkt. No. 100-3, at 1-2). Thus, only the first step of Directive 4041, which requires submission of a grievance to a designated staff person, rather than the IGRC, is significantly different than Directive 4040.

         B. Plaintiff's Placement in the AOSU at Hudson

         In November 2018, Plaintiff “was placed in the AOSU as a result of a disciplinary hearing related to his cheeking medication.” (Dkt. No. 83-4, ¶ 28; Dkt. No. 85-1, ¶ 27; Dkt. No. 83-1, at 2). Plaintiff did not file a grievance challenging his placement in the AOSU or the conditions of his confinement in the AOSU. (Dkt. No. 77-12, ¶ 22; Dkt. No. 83-4, ¶ 22). Plaintiff states that after reviewing Hudson's grievance procedures, it was his “understanding” that his “placement” in the AOSU “was not grievable.” (Dkt. No. 83-2, ¶ 3-5).

         C. Plaintiff's ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.