Plasencia

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT

This matter comes before the Court on the motion for summary judgment brought by Defendants Daniel Marquez (“Marquez”), Joe Quiroz (“Quiroz”), and Kathleen Thompson (“Thompson”) (collectively “Defendants”). Oral argument was heard on August 10,1998.

In its previous order, the Court granted Defendants’ motion to dismiss as to Plaintiff Edison Plasencia’s (“Plasencia”) claims against the State of California (the “State”), the Department of the California Youth Authority (“CYA”), and El Paso de Robles School (“El Paso de Robles”) (collectively “Defendants”). The Court also found that Plasencia’s confinement in the Nacimiento facility was grievable, and that the Prison Litigation Reform Act (“PLRA”) does not require Plasencia to exhaust his administrative remedies under the California Tort Claims Act (“CTCA”). The Court converted Defendants’ motion to dismiss to a motion for summary judgment and requested further briefing on the following issues: (1) whether Plasencia was advised of his administrative remedies and whether it was possible for him to timely exhaust them; (2) whether mone tary damages…