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Smith v. Ryan

United States District Court, D. Arizona

December 16, 2016

Joseph Lavance Smith, Plaintiff,
v.
Charles L. Ryan, et al., Defendants.

          ORDER

          David G. Campbell United States District Judge

         Plaintiff Joseph Lavance Smith, who is currently confined in the Arizona State Prison Complex (ASPC)-Eyman in Florence, Arizona, brought this civil rights case pursuant to 42 U.S.C. § 1983. Pending before the Court are the following seven motions:

1. Plaintiff's Motion for Preliminary Injunction against Charles L. Ryan (Doc. 30);
2. Plaintiff's Motion for Summary Judgment (Doc. 31);
3. Defendants Musacchio and Woods' Motion to Strike Plaintiff's Motion for Summary Judgement (Doc. 38.);
4. Plaintiff's Motion for Hearing under Rules 38 and 39 of the Federal Rules of Civil Procedure Regarding Summary Judgment (Doc. 45);
5. Plaintiff's Motion to Expedite a[] Hearing on Plaintiff's [Motion for] Preliminary Injunction (Doc. 52);
6. Defendants Musacchio and Woods' Motion for Summary Judgment [for] Failure to Exhaust Administrative Remedies (Doc. 54); and
7. Defendants Musacchio and Woods' Cross Motion for Summary Judgment

(Doc. 63).

         The Court will grant Defendants Musacchio and Woods' (hereinafter, “Defendants”) Motion for Summary Judgment for Failure to Exhaust Administrative Remedies and will dismiss this action without prejudice. The Court will deny the remaining Motions as moot or for lack of jurisdiction as set forth in this Order.

         I. Background.

         In his two-count complaint, Smith asserts Eighth Amendment excessive use of force claims and Eighth Amendment medical care claims against Arizona Department of Corrections (ADC) Director Charles L. Ryan, ASPC-Eyman Deputy Warden Woods, a number of other prison administrators and correctional officers (COs), and a prison nurse. (Doc. 1.) Smith's claims arise from injuries he allegedly suffered from a July 15, 2013 incident at ASPC-Eyman, in which he claims Defendant CO II Musacchio verbally and physically assaulted him outside his cell and Musacchio's canine attacked him while other COs watched and failed to intervene. (Doc. 1 at 5-9.)

         In Count One, Smith alleges that Musacchio unmuzzled his canine to allow it to attack Smith, and the dog bit into Smith's right arm, right hip, and groin, causing injuries. (Id. at 6-8.) In Count Two, Smith alleges that when he was brought to medical after this incident, an unidentified nurse stated he would need to be taken for outside medical care because she was not equipped to provide the sutures necessary to treat his wounds, but Defendant Woods directed the nurse to clean and gauze the wounds instead, stating “they're not that bad.” (Id. at 10-11.) Smith alleges that, as a result, his wounds continued to bleed for seven days, causing him to suffer “unnecessary disfigurement/scarring, pain[, ] and suffering.” (Id. at 11.) On screening under 28 U.S.C. ยง 1915A(a), the Court determined ...


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