may file a grievance. Pl. Ex. M at 31. Thus, the filing of an inmate communication form is an
available, though not required, first step toward resolving an inmate’s complaint.
Additionally, the Officers testified that a grievance is equally valid if made via an inmate
communication form as if it had been made with a grievance form. See Castro Dep. 41-42
(“What they do is take the regular communication form and write the word “grievance” at the
top, and then it becomes a valid – it becomes a valid form for using as a grievance as well.”);
Hitchens Dep. 34-36 (“Even if there is no grievance forms, the inmate just takes an inmate
communication and states a complaint, and it it’s valid, they investigate it. I am not aware of a
complaint being filed on an improper form would strike out as grievance on that type of
technicality, they are just processed.”); 79-80 (“[I]f they want to [file a grievance] they just – they
file it on the slip, on the form, one form or another. I mean, if they handed in a piece of paper, to
my knowledge, and state a valid grievance, that’s processed. If they put it on a communication
form, that’s valid and it goes through the process.”). During the relevant time frame, Mr.
12
Garcia filed fourteen (14) separate inmate communication or discipline appeal forms detailing
various complaints such as problems with other inmates, disagreements with correctional
officers, religious classification concerns, and requests to have people added to his visitors’ list.
13
Also, although Officer Cooper passed away before the Plaintiff had an opportunity to
12
depose him, both Officers Schell and Kern testified that they had very limited recollection of Mr.
Garcia, but that whenever an inmate wants to file a grievance, “standard procedure” was to “give
him a grievance form and tell [the prisoner] to fill it out,” and the Officers “always just give
[inmates] the form.” Schell Dep. 40:6-10, 50:2-20; Kern Dep. 29:13-30:5, 32:3-10.
These inmate communication forms were filed on August 22, 2006, August 27, 2006,
13
August 28, 2006, August 30, 2006, August 31, 2006, September 3, 2006, September 12, 2006,
September 19, 2006, September 27, 2006, October 3, 2006, October 3, 2006, October 18, 2006,
November 14, 2006, and December 16, 2006. Berks Ex. N.
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Case 5:08-cv-03589-GP Document 84 Filed 08/28/12 Page 14 of 25