Judge Joseph Bianco
Under contract with Nassau County, Armor Correctional Health Services of New York Inc. provides medical services to inmates at the Nassau County Correctional Center (NCCC). Under 42 USC §1983 Young alleged that from Feb. 3 to June 20, 2012—while a pretrial detainee—NCCC’s medical staff refused to provide proper treatment for shoulder and knee injuries. The court dismissed Young’s claims for failure to exhaust administrative remedies as required by the Prison Litigation Reform Act (PLRA). Despite repeatedly using NCCC’s grievance procedure, he never appealed through to the State Commission of Corrections’ Citizens’ Policy and Complaint Review Council (CPCRC). Because Young failed to timely file grievances, failed to exhaust his appeals thereof, or both, he failed to properly exhaust his administrative remedies. In so finding the court rejected as meritless Young’s argument that his failure to exhaust should be excused because NCCC personnel told him that certain complaints were non-grievable, were being investigated, or both. Young gave no reason for filing grievances in an untimely manner nor explained why he did not appeal most of his grievances even after he felt that NCCC and Armor were not addressing his concerns.
