Ahmed v. Commonwealth

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Ahmed alleged that as an inmate at Greensville Correctional Center, he suffered an injury to his head and neck on September 10, 2013, when the telephone he was using fell from the wall and struck him. Ahmed filed informal complaints on the same day against the Virginia Department of Corrections (DOC). DOC responded on September 27. Ahmed filed grievances on September 30, which the DOC ruled to be “[u]nfounded” on October 22. On October 24, Ahmed filed an appeal, triggering a “Level II” review under the Inmate Grievance Procedure. DOC affirmed on October 30, informing Ahmed that “Level II is the last level of appeal” and that he has “exhausted all administrative remedies.” Ahmed filed notice of a tort claim against the Commonwealth on September 22, 2014, with his required affidavit verifying that he had exhausted administrative remedies. Ahmed filed a complaint on February 24, 2016. The circuit court dismissed, finding that Ahmed’s notice of claim was not filed within one year (VTCA 8.01-195.7). The Supreme Court of Virginia reversed. Code section 8.01-195.3(7) states that “[t]he time for filing the notice of tort claim shall be tolled during the pendency of the grievance procedure." The grievance process continued until October 30, 2013. View "Ahmed v. Commonwealth" on Justia Law