Fortin, AAG Office of the Attorney General
DECISION AND JUDGMENT
consolidated Rule 8OC appeals from administrative action are
before the court for decision, based on parties'
briefs-Petitioner Nicholas Gladu's initial and reply
brief and Respondents' brief in opposition-and the entire
records on appeal in each case.
court elects to decide the cases without oral argument.
See M.R. Civ. 8OC(1) (oral argument to be scheduled
"[V]nless the court otherwise directs." See
also Lindemann v. Comm'n on Governmental Ethics &
Election Practices, 2008 ME 187, ¶26, 961 A.2d 538
(Rule 8OC permits court to direct that oral argument not be
on the entire record, the court denies both appeals and
grants judgment to Respondents.
Nicholas Gladu is a prisoner in the custody of the Maine
Department of Corrections (DOC). His appeal is from the
DOC's denial of two grievances he submitted to prison
staff at the Maine Correctional Center (MCC) in 2017, while
he was an inmate there. Petitioner's brief summarizes the
background as follows:
Gladu's Petitions allege that while he was incarcerated
at Maine Correctional Center in 2017, he submitted two sick
call slips to be seen for serious medical concerns and that
prison staff failed to provide timely response to his
requests for care and treatment (or even respond at all
within a reasonable period of time). MDOC policy 18.3
mandates that all prisoner sick call slips be triaged by
facility medical staff within 48 hours. Gladu wasn't
evaluated by medical staff for his sick call slips until
several weeks later.
Gladu first attempted to informally resolve his grievance
complaints with the designated staff member. When that staff
member failed to timely respond to informal resolution, Glad
then submitted his grievance forms to £the] Grievance
Review Officer for investigation. When Gladu was finally
evaluated by prison medical staff for his sick call
complaints, the designated supervisor with jurisdiction was
also present and asked Gladu if he would agree to resolve his
grievance complaints. Gladu stated, "No, I want my
complaints investigated by the GRO.
MDOC policy 29.01 and 29.02 do not require Gladu to accept
any proposed informal resolution. Furthermore, nor does MDOC
policy permit a supervisor with jurisdiction to respond to a
prisoner's attempt at informal resolution several weeks
Gladu provided updates of said interaction with the SWJ to
the GRO. The GRO then dismissed Gladu's grievances
stating that Gladu had failed to make a good-faith effort at
informal resolution when he declined to accept the SWJ's
proposed untimely resolution.
Brief at 2.
DOC's summary does not significantly differ from the
Petitioner's, but the precise chronology of events is
important, for reasons set forth in the Analysis
section below. The record indicates the following:
• February 24: Petitioner submitted two sick call slips
requesting to be evaluated by the prison health care staff.
• February 26: Forty eight hours after submitting the
sick call slips, Petitioner had not been evaluated by prison
health care staff.
• February 27: Petitioner initiated complaints and
attempted to contact the Health Services Administrator (HSA)