Ziemba v. Wezner

Submitted April 6, 2004 Plaintiff-Appellant Duane Ziemba, pro se, appeals from an order of the United States District Court for the District of Connecticut (Donna F. Martinez, Magistrate Judge) dismissing his 42 U.S.C. § 1983 action on the pleadings pursuant to Fed. R. Civ. P. 12(c) for failing to exhaust his administrative remedies, as required by the Prison Litigation Reform Act (""PLRA""), 42 U.S.C. § 1997e(a). In February 2002, Ziemba filed an amended § 1983 complaint, alleging violations of rights conferred under the Eighth and Fourteenth Amendments of the United States Constitution, as well as Connecticut state law. In the complaint, he alleges the following facts to support his claims: While was incarcerated at Cheshire Correctional Facility, he had filed an emergency grievance requesting that prison officials protect him from his cell mate, Patrick Wright, because Wright had a mental disorder and had a history of assaultive behavior and keeping weapons in his cell. Prison officials took no measures to protect him, and, as a result, on September 9, 1997, Wright stabbed him.