2 Sara R. Wallace (023521)
ZWILLINGER GEORGELOS & GREEK PC
3 2425 E. Camelback Rd., Suite 600
4 Phoenix, Arizona 85016
E-mail: docl
6 IN THE UNITED STATES DISTRICT COURT
7
FOR THE DISTRICT OF ARIZONA
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]() Alvin Larue Pinkoson, )
1 1 Plaintiff 3 No. CV 03-1928—PHX—ROS-MEA
12 >
V· ) REPLY IN SUPPORT OF
13 Joseph Arpaio; Captain Tate; Maricopa ) DEFENDANT9 MOTION TO
14 County Board of Jail Supervisors, ) DISMISS
1 5 Defendants. g
16 __T—
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18 Plaintiff has failed to exhaust the available administrative remedies as mandated by the
19 Prison Litigation Reform Act ("PLRA"), 42 U.S.C. § l997(e) with respect to his claims for
20 failure to provide recreation and failure to provide access to religious services. Defendants’
21 Motion to Dismiss should be granted and Plaintiffs Complaint dismissed with respect to these
22 claims.
23 Defendants’ Reply is supported by the following Memorandum of Points and
24 Authorities, and the entire Court file.
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Case 2:03-cv—O1928—ROS—IVIEA Document 60 Filed 08/O2/2007 Page1 of3
1 MEMORANDUM OF POINTS AND AUTHORITIES
2 As detailed in Defendants’ Motion to Dismiss, the PLRA precludes an inmate from
3 bringing a 42 U.S.C. § 1983 action "until such administrative remedies as are available are
4 exhausted? This requirement is mandatory, and cannot be set aside by the courts. Booth v.
5 , 532 U.S. 731, 741 (2001).
6 Plaintiffs Complaint alleges that Defendants have violated his Eighth Amendment
7 Rights as a result of the "Totality of the Circumstances" at the Towers Jail in Phoenix,
8 Arizona. First Amended Complaint at p. 4. Although Plaintiffs Complaint includes only one
9 count, he is seeking relief for at least five separate alleged violations, including overcrowding,
10 failure to provide recreation, failure to provide religious services, assault, and a claim that legal
11 materials were taken from him. Q at pp. 4-41. While Plaintiff did file several grievances
12 during his time in jail, none of these grievances relate to recreation or access to religious
13 services. S5; Affidavit of Sergeant Fisher at fl 8, attached as Exhibit 1 to Defendants’ Motion
14 to Dismiss (Doc # 40).
15 ln his response to Defendants’ Motion, Plaintiff does not dispute that he has failed to
16 exhaust the available administrative remedies with respect to these claims. lnstead, Plaintiff
17 claims that he was told by unnamed detention staff that several issues unrelated to this
18 litigation, such as medical issues, overcrowding, and punishment, were not grievable.
19 Plaintiffs allegations are not supported by evidence and should be rejected. More importantly,
20 none of the grievances referenced by Plaintiff relate to recreation or access to religious services
21 and are entirely irrelevant to this case. The unrelated grievances submitted with Plaintiffs
22 Response do not demonstrate he exhausted his administrative remedies as to the issues of
23 recreation and access to religious services.
24 Plaintiff has failed to present any evidence that alters the conclusion that Plaintiffs
25 claims related to recreation and access to religious services should be dismissed as a result of
26 his failure to exhaust his available administrative remedies, as required by the PLRA.
27 Accordingly, Defendants’ Motion to Dismiss should be granted.
28 / / /
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Case 2:03-cv—O1928—ROS—IVIEA Document 60 Filed 08/O2/2007 Page 2 of 3
1 RESPECTFULLY SUBMITTED this Xkii day of August, 2007.
2 ZWILLINGER GEORGELOS & GREEK PC
3
4 By: s/ Scott H. Zwillinger
5 Scott H. Zwillinger
Sara R. Wallace
6 2425 E. Camelback Rd., Suite 600
7 Phoenix, Arizona 85016
8 Attorneys for Defendants
9
ORIGINAL filed electronically, and a
10 COPY mailed this 9Z">â€i·i day of August,
1] 2007, to:
12 Alvin Lame Pinkoson
13 #1278075-A—l4-L
ASPC-Tucson-MU
14 Manzanita Unit
15 P.O. Box 24401
Tucson, Arizona 85734
16 Pro Se
17
18 s/ Carol E. Merritt
19 ;;oowmxpcinocsxzctAwom97496sx1
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