United States District Court, D. Hawaii
ORDER GRANTING DEFENDANTS' MOTION FOR SUMMARY
A. OTAKE, UNITED STATES DISTRICT JUDGE
Justin Oliver alleges that Adult Corrections Officers
(“ACOs”) Richard Asuncion and Eric Grimley
(“Defendants”) used excessive force and denied
him medical care while he was incarcerated in a state prison
facility. Plaintiff seeks monetary damages under 42 U.S.C.
§ 1983. Defendants move for summary judgment arguing
Plaintiff did not exhaust his prison administrative remedies
prior to filing suit as required by the Prison Litigation
Reform Act (“PLRA”), 42 U.S.C. § 1997e(a).
For the reasons set forth below, the Court GRANTS
Defendants' Motion because Plaintiff failed to exhaust
filed a grievance form on December 6, 2017, stating:
On 9/23/2016 at 10:37am I was beaten by ACOS: I sustained
three fractured ribs, broken teeth, fractured jaw, and bruses
[sic] up and down arms and legs. And then I was thrown in the
hole. I had to request x-ray's [sic], but was not allowed
proper medical treatment when I asked to go to Queens. I
could have died. This grievance is merely for proper
procedure and documentation.
ECF No. 46-3 at 1. An ACO filled out the
“Resolution” section of the form on December 6,
2017, stating, “YOU FAILED TO FILE GRIEVANCE (14) DAYS
FROM WHICH THE INCIDENT OCCURED [sic].” Id.
December 3, 2018, Plaintiff filed a second grievance form
regarding the September 23, 2016 incident, requesting video
footage. ECF No. 46-1 ¶ 10. The form was returned on
December 6, 2018 because two years had passed since the
incident. These are the only two grievances in the system
regarding the September 23, 2016 incident. Id.
The Inmate Grievance Program
Hawai‘i Department of Public Safety (“DPS”)
has a three-step Inmate Grievance Program
(“IGP”), which is “the means for receiving,
processing, and resolving inmate complaints” at any DPS
facility, including the Oahu Community Correctional Center
(“OCCC”). ECF 46-2 at 4. The IGP is outlined in
Policy No. COR.12.03, contained in DPS's Policy and
Procedures Manual, effective July 1, 2015. ECF No. 46-1
¶ 3. Generally, a prisoner must file an initial Step 1
grievance within fourteen days of an incident, subject to
certain exceptions. ECF No. 46-2 § 8.1-2.
grievance is considered filed on the date it is logged into
the Corrections Information Management System
(“Offendertrak”) by the Facility Grievance
Officer (“FIGO”) or Inmate Grievance Specialist
(“IGS”). Id. § 10.1. The IGS or
FIGO must respond in writing within 20 working days but may
take an additional 20 working days if necessary. Id.
inmate is dissatisfied with the response, he or she may file
a Step 2 appeal within five days of receiving the response.
Id. § 8.3(d). If unhappy with the Step 2 appeal
response, the inmate may file a Step 3 appeal within five
days of receiving the response. Id. § 10.5. If
the prison does not respond within the time allotted for any
particular step, the inmate is instructed to consider this a
denial and proceed to the next step. Id. §
prisoner reasonably believes his or her complaint is
sensitive or fears for his or her safety, the inmate may
submit a grievance directly to the Division Administrator in
a sealed envelope that is marked “Confidential.”
Id. § 8.3(b). The IGP notifies prisoners that
completion of all three ...