Facts

Aubrey J. Demmings was an inmate in the custody of the California Department of Corrections and Rehabilitation incarcerated at California State Prison-Los Angeles County in Lancaster, California. Demmings submitted various reasonable accommodation panel requests that were all denied and a healthcare grievance was still pending when Demmings filed a complaint. He alleged violations of his civil rights pursuant to 42 U.S.C. section 1983 while he was serving his sentence at a California State Prison. The complaint was amended three times and ultimately sought recourse based on the alleged conducts of M. Seliktar, clinical therapist at CSP-LAC, and Sergeant S. Bermudez. Seliktar and Bermudez filed a motion for summary judgment and the magistrate judge produced a report and recommendation on how the case should be decided.

PLAINTIFF'S CONTENTIONS: Plaintiff contended that his reasonable accommodation panel requests were denied in error. He was unable to receive the treatment he needed for his mental health needs and therefore violated section 1983 for failing to provide plaintiff with the necessary treatment.

DEFENDANTS' CONTENTIONS: Defendants contended that plaintiff failed to exhaust all administrative remedies before filing his complaints against them. The exhaustion of remedies requirement is mandatory under the Prison Litigation Reform Act. Despite being informed and required to submit his claims to administrative reviews, plaintiff failed to follow the proper procedure and jumped directly to filing a complaint. As a result, defendants moved for summary judgment based on plaintiff's procedurally flawed claims.

Result

The magistrate recommended defendant's motion for summary judgment be granted and the court adopted the recommendation in its entirety.