Banos

INTRODUCTION

Plaintiff Darrell Eugene Johnson alleges in this 42 U.S.C. § 1983 lawsuit that he contracted COVID because defendant San Mateo County failed to implement proper COVID-protection protocols. Defendant moves for summary judgment on grounds that Johnson failed to exhaust his administrative remedies. Johnson has filed an opposition and defendant has filed a reply. Defendant’s summary judgment motion is GRANTED. Johnson failed to exhaust his administrative remedies as to his claims regarding COVID protocols. In the ninety health care service request forms and thirteen inmate grievances he filed while in custody, none mention COVID protocols or defendant’s alleged failure to implement them. He provides no evidence to support the allegation in his opposition brief that he filed an emergency grievance regarding COVID protocols when his cellmate contracted COVID and Johnson wanted to be moved. The undisputed evidence shows that the Sheriff’s Office has no record of any grievance filed by Johnson around the time his roommate contracted COVID, and has no record of any COVID-related grievance filed by Johnson at all. Furthermore, even if there had been such grievance, its…