UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ee ee ee GERALDINE PERKINS, : : ORDER DENYING SUMMARY Plaintiff, : JUDGMENT -against- 18 Civ. 6397 (AKH) CITY OF NEW YORK, CAPTAIN LASHANE NEMBHARD, CAPTAIN LEENA EDDY, and : JANE DOE # 1-10, correction officers and/or other : employees of the New York City Department of : Correction, the identity and number of whom is : presently unknown, all of whom are sued : individually, and in their official capacities, Defendants. :

eee nn ener renee neen ensmenneneneneee X ALVIN K. HELLERSTEIN, U.S.D.J.: Defendants’ argument that the Prison Litigation Reform Act (“PLRA”) was violated raises triable issues of fact as to whether Plaintiff had just cause not to file grievances under an exception to the PLRA. See Ross v. Blake,

(2016) (noting that exhaustion is not required when “prison administrators thwart inmates from taking advantage of a grievance process through machination, misrepresentation, or intimidation”), Issues of triable fact remain as well regarding the claims of deliberate indifference, personal involvement, excessive force, municipal liability, and the state law claims. Defendants’ motion for Summary Judgment is denied.

Dated: October , 2024 / A fe Oe | New York, New York “ALVIN Kf HELLERSTEIN United States District Judge