Romano v. Ulrich et al., No. 21-1303 (2d Cir. 2022)
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Plaintiff alleged that while he was incarcerated at a facility run by the New York Department of Corrections and Community Supervision (“DOCCS”), he was beaten by corrections officers who were attempting to break up a fight. He was transferred first to a mental health observation cell, then to the Central New York Psychiatric Center (“CNYPC”) in the custody of the New York State Office of Mental Health (“OMH”). During his stay at CNYPC, Plaintiff attempted to file a grievance for the alleged beating, but the grievance was refused for being untimely, for not being filed at the DOCCS facility at which he was housed, and because he was not allowed to file grievances with DOCCS while in OMH custody. Plaintiff appealed the district court’s ruling granting Defendants’ motion for summary judgment on his 28 U.S.C. Section 1983 claim for excessive force claim.
The Second Circuit reversed the district court’s ruling. The court held that Plaintiff was excused from his statutory obligation to exhaust his administrative remedies due to his transfer to mental health confinement which rendered the grievance program unavailable to him. The court explained that there is no reason to believe that Plaintiff could have requested an exception after he was transferred to OMH custody just as he would not be permitted to file a grievance against DOCCS once transferred. Second, even if Plaintiff had submitted a request for an exception within the thirteen days he was still in DOCCS custody, he would not have been able to file a grievance once he was transferred to OMH custody pursuant to Section 701.5(a).
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