Gee v. John/Jane Doe

Background

Antoine Gee, identified in the opinion as an inmate at North Infirmary Command, a Rikers Island facility, sued over alleged failures to follow COVID-19 public-health protocols. He alleged that facility officials did not implement proper social distancing, did not adequately sanitize surfaces, and did not provide inmates with personal protective equipment.

The opinion’s caption names the defendant as “JOHN/JANE DOE,” but the body identifies the defendant as Cynthia Brann, Commissioner of the New York City Department of Correction. The defendant moved to dismiss under Rule 12(b)(6), which allows dismissal when a complaint does not state a legally sufficient claim. The motion argued that Gee failed to exhaust required administrative remedies, failed to allege an unconstitutional municipal custom or policy, and failed to allege facts showing a constitutional violation. The motion was unopposed. The court treated it as unopposed after Gee did not respond or request an extension after the motion was filed.

Exhaustion requirement

The Prison Litigation Reform Act requires a prisoner to complete available prison administrative remedies before filing a lawsuit about prison conditions under Section 1983. The court explained that proper exhaustion requires following the applicable grievance procedures, including any required appeals.

Gee’s claims were subject to the Inmate Grievance and Request Program. Under that program, a grievance supervisor could review a grievance, dismiss it, refer it, or investigate it and propose a resolution. The program also provided an appeals process for a dismissal or unsatisfactory resolution.

Gee filed his grievance on August 22, 2020, but filed the complaint only ten days later. The court concluded that this timing supported the defendant’s argument that Gee had not allowed the grievance process to finish. The court also found that no recognized exception to the exhaustion requirement applied.

Ruling and disposition

The court found that Gee’s failure to exhaust administrative remedies deprived the court of jurisdiction over his claims under the Prison Litigation Reform Act. It declined to consider the defendant’s other dismissal arguments.

Judge Andrew L. Carter, Jr. granted the defendant’s motion to dismiss. The Clerk was directed to terminate the motion and close the case, and to mail a copy of the opinion and order to Gee. The opinion states that the motion was “GRANTED” but does not specify whether the dismissal was with or without prejudice.