The opinion of the court was delivered by: William W. Caldwell United States District Judge
We are considering a motion for summary judgment filed by Defendants Dennis Stewart, Russell Hewitt, Jason Hammer, and Manny Rose (doc. 63). Nathan Charles Griggs, a prisoner proceeding pro se, filed this civil rights lawsuit pursuant to 42 U.S.C. § 1983 claiming that Defendants' conduct in two incidents at Dauphin County Prison ("DCP") violated his federal constitutional rights. Upon review of the motion, which Griggs has not opposed, and the record, we will grant summary judgment in favor of the four Defendants.
Griggs's civil rights complaint arises from incidents which occurred at DCP. As Griggs is proceeding in forma pauperis, we conducted an initial review of the complaint pursuant to 28 U.S.C. § 1915(e)(2)(B) and dismissed some of the claims but allowed Griggs to proceed on others. (doc. 11).
A. Griggs's Allegations*fn1
Griggs alleges that on December 14, 2004, Defendant Dennis Stewart, the major of security at DCP, "put bands" him "as a block runner" when he had done nothing wrong. (doc. 1, p. 4). Additionally, Stewart left Griggs in a restraint chair for two hours without a fifteen-minute release. Id.
According to Griggs, Defendant Russell Hewitt, a lieutenant of security at DCP, refused to change Griggs's handcuffs or notify DCP medical officials about an injury to Griggs's shoulder. Id. at 5. Griggs alleges that Hewitt had the C.E.R.T. activated and placed Griggs in a restraining chair because Hewitt had called him an "expletive-deleted word," and Griggs had responded: "Your Mom." Id.
Griggs alleges that Defendant Jason Hammer came to his cell while he was flushing toilet paper and chess pieces down the toilet. Id. at 5-6. Hammer told him to stop and Griggs refused. Griggs alleges that Hammer then pushed him and other guards rushed into the cell. Id. at 6. Griggs was beaten up, and Hammer continually tried to knee him in the face. Id.*fn2
Griggs alleges that Defendant Manny Rose, apparently a prison guard, jumped on him from behind and threw him into a filing cabinet and other office furniture. Id. Griggs then fell to the floor, where he tried to protect his injured shoulder. Id. Rose squeezed Griggs's neck until Griggs let the guards have his arm. Id. The guards then placed his arm behind him, causing injury. Id.
B. Statement of Material Facts
Griggs has failed to submit a statement of material facts in response to Defendants' Statement of Material Facts. (doc. 65). Accordingly, the material facts in Defendants' statement, if properly supported, are deemed admitted. Local Rule 56.1. The material facts are incorporated below.
Griggs was incarcerated at DCP numerous times between 1988 and 2004, notably, for our purposes, between February 12, 2004, and December 14, 2004. Griggs's claims concern incidents which took place on December 4, 2004, and December 14, 2004. DCP has adopted Inmate Grievance Guidelines which are contained in the DCP Inmate Handbook issued to inmates. To exhaust administrative remedies, DCP inmates must follow a four-step grievance process: (1) the inmate must submit a grievance for review by the Warden, (2) the inmate must appeal the Warden's decision to the Chairman of the DCP Board of Inspectors, (3) the inmate must appeal the Chairman's decision to the full DCP Board of Inspectors, and (4) the inmate must appeal the DCP Board of Inspectors' decision to the Dauphin County Solicitor.
While incarcerated at DCP, Griggs was familiar with the DCP Inmate Handbook and submitted thirteen separate grievances between May 6, 2004, and December 13, 2004. DCP officials investigated each grievance, and the Warden ...