DECISION and ORDER I. INTRODUCTION Defendants move for partial summary judgment seeking to dismiss Plaintiffs Gomez, Bonds, Smith, and Negron’s claims, and that much of Plaintiff Matthews’ claims brought against 31 Clinton security staff defendants and Office of Special Investigations (OSI) officer Skiff, for failure to exhaust administrative remedies. Dkt. 254. Plaintiffs oppose the motion, Dkt. 281 (sealed), 283 (redacted), and Defendants reply. Dkt. 286. For the reasons that follow, Defendants’ motion is granted in part and denied in part. II. BACKGROUND The Court presumes familiarity with the procedural history of this case. The surviving claims in this action arise from incidents that allegedly occurred at Clinton Correctional Facility (“Clinton”) after David Sweat and Richard Matt’s escape from Clinton in June 2015. See Dkt. 167, Second Amended Complaint (“SAC”). The six (6) plaintiffs, who were at relevant times incarcerated individuals (“inmates”) in DOCCS custody, allege violations of the Eighth Amendment pursuant to 42 U.S.C. §1983. Plaintiff Smith also asserts a claim under Title VI of the Civil Rights Act of 1964. Each of the plaintiffs was transferred from Clinton to Upstate Correctional Facility (“Upstate”) on either June 15, 2015 or June 16, 2015, and each of them remained temporarily at Upstate, for a period of between 7 and 13 days. Pl. Response to Defs. L.R. 56.1 Stat. (“Pl. Rule 56.1 Resp.”), Dkt. 284, 2. Thereafter, the plaintiffs were transferred to Sullivan Correctional Facility (“Sullivan”). See generally, id. While confined at Upstate, Matthews submitted a harassment grievance regarding his transfer from Clinton to Upstate that was assigned the grievance number “UST-56316-15″ and contained the language, “Assaulted by CERT1 at Clinton.” Id. 3.2 Plaintiffs admit that in the foregoing grievance, Matthews made no mention of any Clinton security staff (e.g. corrections officers, sergeants, or lieutenants) being present during the alleged acts of force by CERT officers occurred, nor did he provide any names or identifying information for any Clinton security staff. Id. 4. Matthews completed the final level of administrative review with respect to this grievance insofar as he appealed this grievance to DOCCS Central Office Review Committee (“CORC”). See Wilcox Decl.
14-16, Exh. A; Seguin Decl.
