Blackwood v. Westchester County Jail

Background

Phillip Blackwood, proceeding without a lawyer, sued Westchester County and Parole Officer Cox under 42 U.S.C. § 1983. Blackwood alleged that on December 22, 2022, while he was a pretrial detainee at the Westchester County Jail, Cox tried to move him to a cell without running water or a working toilet. Blackwood alleged that Cox backed up, ran at him, and threw him to the ground, injuring his back, jaw, and knee.

Blackwood alleged that he filed grievances in “Albany and Valhalla” and attached a grievance form. The form had no receiving staff member’s signature, grievance number, or disposition. Blackwood alleged that he never received a result and did not appeal. He did not respond to the defendants’ motion.

Defendants’ Motion

The defendants moved to dismiss the case or, alternatively, sought summary judgment on the limited issue of whether Blackwood exhausted his administrative remedies. The Prison Litigation Reform Act requires a prisoner to complete available prison grievance procedures before bringing a federal lawsuit about prison conditions.

The court initially rejected the argument that the missing signature alone conclusively showed that Blackwood had not filed a grievance. Because nonexhaustion was not clear from the complaint’s face, the court converted the motion to dismiss into a motion for summary judgment limited to exhaustion. The court found that the defendants had given Blackwood the required notice of the possible conversion and that additional discovery was unnecessary because the relevant facts were not disputed.

Exhaustion Ruling

The court found that Blackwood failed to file a timely grievance. The defendants’ records contained no grievance concerning the alleged incident. A notary stated that Blackwood presented an undated copy of the form on January 26, 2023, more than a month after the incident. The court concluded that Blackwood’s possession of the form until it was notarized was inconsistent with his having submitted it on December 22, 2022. Even if he submitted it after notarization, the submission would have missed the applicable five-day deadline.

The court also found that the grievance process was available to Blackwood. In particular, Blackwood had successfully filed at least one other grievance around the same time, which undermined any claim that he could not use the process. The court therefore held that he failed to exhaust his administrative remedies and that the defendants were entitled to summary judgment on his claims.

State-Law Claims

The court said the complaint did not clearly allege state-law claims. It nevertheless ruled that any such claims should be dismissed because Blackwood did not affirmatively allege that he had filed the notice of claim required by New York law for claims against a municipality.

Disposition

The court granted the defendants’ motion, converted it into a motion for summary judgment on exhaustion, and granted judgment in the defendants’ favor. The clerk was directed to terminate the motion, close the case, and mail Blackwood a copy of the opinion and order. The opinion does not state that the judgment or dismissal was with or without prejudice.