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Tafari v. Hues

Inmate may amend complaint since it is unclear whether he followed proper grievance procedure.

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Judge Conner

TAFARI v. HUES — Pro se plaintiff Injah E. Tafari, brings the instant action under 42 U.S.C. §1983 against defendants Corrections Officer (“C.O.” William Hues, C.O. R. Fortes, C.O. S. Barto, C.O. Brenda Schneider, C.O. A. Esparra, Lt. Nagy, Lt. Russett, Lt. Gwen Schneider, First Deputy Superintendent Bliden, Deputy Superintendent George Schneider, Deputy Superintendent Haponik, Superintendent Christopher Artuz and Commissioner Glenn S. Goord, all employees of the New York State Department of Correctional Services (“DOCS”. Plaintiff alleges: (1) that excessive force was used against him by defendants Fortes and Hues; (2) that he was denied due process in grievance hearings for confinement in keeplock and in Special Housing Unit (“SHU” by defendants G. Schneider and Artuz; (3) that false disciplinary charges were filed against him by defendants B. Schneider and Esparra; and (4) that these actions were committed in retaliation for complaints filed by plaintiff against defendant Esparra. Defendants move to dismiss the Second Amended Complaint pursuant to Fed. R. Civ. P. 12(b)(6) for failure to exhaust available administrative remedies under the Prison Litigation Reform Act (“PLRA”, 42 U.S.C. §1997e(a). For the reasons that follow defendants’ motion to dismiss is granted without prejudice.

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