Summary
This federal district court decision addresses a pro se prisoner’s civil rights lawsuit alleging excessive force and deliberate indifference to medical needs under 42 U.S.C. § 1983. The court evaluates the defendant’s motion for summary judgment based on the plaintiff’s alleged failure to exhaust administrative remedies under the Prison Litigation Reform Act. Finding a genuine dispute of material fact regarding whether the plaintiff properly submitted a grievance before filing suit, the court denies summary judgment at this time and schedules a status conference to arrange an evidentiary hearing.
Topics
Practice areas
Questions Presented
- Whether Wright exhausted the administrative remedies required by the Prison Litigation Reform Act before filing his §1983 action.
- Whether Defendant's motion for summary judgment should be granted given the disputed exhaustion issue.
Holdings
- The court must conduct an evidentiary hearing to determine whether Wright properly exhausted the grievance process; summary judgment is therefore denied pending that hearing.
Key quotations
“District courts are entitled to construe pro se submissions leniently and in the light most favorable to the plaintiff. See Grady v. Hardy, 826 F.3d 1000, 1005 (7th Cir. 2016).” (at 1-3)
“The court will schedule a status conference to discuss the logistics of holding an evidentiary hearing. Once the court holds the evidentiary hearing, it will issue a decision and order on Aker’s motion for summary judgment.” (at 5)
Factual background
Plaintiff DaShawn Wright, a prisoner, alleges that on December 15, 2023, Defendant CO Aker repeatedly slammed his arm in a cell door, causing injury. Wright claims he sought medical care but was denied. He asserts he attempted to exhaust administrative remedies by mailing a grievance to Kenosha County and filing a grievance at Dodge, but received no response.
Procedural history
Plaintiff filed a §1983 action alleging excessive force and deliberate indifference. Defendant filed a motion for summary judgment arguing failure to exhaust administrative remedies. The court held a hearing is necessary to resolve the exhaustion issue.
Remand instructions
The court will schedule a status conference to discuss logistics and will hold an evidentiary hearing to determine whether the plaintiff exhausted administrative remedies before ruling on the summary judgment motion.