O
UNITED STATES DISTRICT COURIIT ‘ { ri g i fi; U -! i
DISTRICT OF CONNECTICUT (
LETROY HUNDLEY : PRISONER 5
: NO. 3:O2CV1663(RNC)(DFM)
VS. :
CAPTAIN LEEN COMMONO, ET AL OCTOBEREQ, 2003 I
LOCAL RULE 56ga)1 STATEMENT OF MATERIAL FACTS NOT IN DISPUTE `
l. The plaintiff was involved in an altercation with another inmate on July 1, 2002.
See Compl.; Ex. A Incident Report Page 1. He brings this lawsuit claiming that the defendant,
Officer Christie, exhibited deliberate indifference by failing to protect him from assault by
another inmate on that date. See Complaint. The complaint alleges that the other imnate was
Wendall McLean, and that this incident occurred at the MacDougall—Walker Correctional
Institution. See Complaint. l {
2. On July 1, 2002, the Department of Correction held the plaintiff at MacDougall- y
Walker Correctional Institution (hereinafter “McD—Walker."). Exs. B, RT 60 inmate
movement screen; C, DiGeunaro Aff.; Ex. D, Wollenhaupt Affidavit. On July 12, 2002, the
plaintiff was sentenced and began serving that sentence. Ex. B L
3. On July 15, 2002, the plaintiff was transferred to Northern Correctional
r
Institution (hereinafter “Northern"). Ex. B The Department of Correction transferred the
plaintiff back to McD-Walker on March 14, 2003, where he remains today. Ex. B i
4. The State of Connecticut Department of Correction (hereinafter “DOCâ€) provides I
inmate housed within its correctional facilities a grievance procedure. Exs. E, Administrative
Directive 9.6; F; G Administrative Directives 9.6 as previously effective. Imnates wishing to
- i
l
l
i
iii if if :
jfs? Qjf
. ’
Case 3:02-cv-01663-I?N)C Document 46-5 Filed 10/2(9/$003 Page 2 of 3 - S I
file a grievance can file a "Level 1" grievance, and, if unsatisfied with the response, can file a I
"LeveI 2" grievance. Exs. E; F; G. Access to the grievance procedure is limited only as a result
l
of abuse of the Inmate Grievance Procedure. Exs. E; F; G.
S. Since at least 1999, Department of Correction policy has required the following:
l.Grievance File. A grievance file shall be maintained at each level for each
grievance. The grievance tile shall include a copy of the grievance, each
response, and any supporting documents submitted in support of the grievance,
presented during investigation, or relied upon in the decision. . A
2. Grievance Log. The Grievance Log, . . . shall be maintained at each level and
shall include the name and number of the grievant, the dates of initial receipt and
of the response at that level, a brief description of the problem and the disposition.
Exs. E; F; G. i
6. The Grievance Coordinator for MoD-Walker, Correctional Counselor Breedlove,
logs grievances tiled by inmates and maintains copies of both the inmate grievances and the
responses, as has been the practice within the Department of Correction for over ten years. Ex.
H, Breedlove Aff. Breedlove became the Grievance Coordinator at McD—Walker in August of ,
2000. Ex. ri.
7. Grievances are maintained for a minimum of five years. Ex. H. Counselor
Breedlove has reviewed the grievance log for McD-Walker, Ex. H. The log indicates no
grievance tiled by Inmate Letroy Hundley regarding any incident between himself and Inmate
Wendall McLean, about Officer Pamela Christie or a separation order at any time within the past
tive years. Ex. H.
8. Health Services Administrator for MoD-Walker. Richard Furey, reviewed the medical
grievance log for McD—Walker for all of the dates the plaintiff was housed at McD-Walker, and
found that the plaintiff filed no medical grievances at any time during his stay at McD—Walker
Ex. I, Furey Affidavit.
2
Case 3:02-cv-01663-@0 Document 46-5 Filed 10/2?$OO3 Page 3 of 3 l ,
9. As per the Administrative Directive, staff at Northem likewise logs inmate
grievances and maintains copies of completed grievance and responses for a period of tive years.
Ex. C. When grievances are received, a copy is provided to the inmate. Ex. C. The grievance
records maintained a Northern indicate that during the time period he was incarcerated at
Northern, inmate Letroy Hundley filed only one non-medical grievance. Ex. C.
10. This grievance indicates that Hundley is grieving an incident that occurred on
August 2, 2002. Exs. C; J, Grievance dated August 5, 2002. Hundley transferred to Northern
from McD·Walker on July 15, 2002. Exs. C; B. The only non—medical grievance Hundley filed
did not reference a fight or assault at McD-Walker, Ofticer Christie, a separation order, or any
incident at all at McD—Walker. Ex. J. The only non-medical grievance the plaintiff filed at
either MoD-Walker or Northern referenced an altercation that happened on August 2, 2002, after
the plaintiffs transfer to Northern on July 15, 2002. Exs. C; J; B.
11. Hundley did file one medical grievance at Northern as well, which did not
complain about a tight or assault at McD-Walker, Ofticer Christie or a separation order, or any
incident at all at McD—Walker. Ex. D, Wollenhaupt Aff.
12. In response to the defendants’ Motion to Dismiss on the basis of exhaustion, the
plaintiff attached three documents. Exs. K, 8/13/02; L 9/4/02 Inmate Request Form; M,
9/4/02 Inmate Request Form wl notation. The tirst is a memo from Correctional Counselor
Oullet, then Grievance Coordinator at Northern Correctional Institution. Ex. K, 8/13/02 Memo.
This memo refers to a grievance received at Northern "on August 13, 2002". Ex. K. The one
non—medical or "line" grievance the inmate has tiled was at Northern, and is attached hereto as
Exhibit J.
3 l
United States Free Forms
Canada Free Forms
United Kingdom Free Forms
Australia Free Forms