Jasmaine M. Linton v. Kerry L. Kuffenkam et al.

Summary

The United States District Court for the Eastern District of Wisconsin granted defendants’ motion for partial summary judgment in a prisoner’s 42 U.S.C. § 1983 action. The court held that the plaintiff failed to exhaust administrative remedies for his deliberate-indifference claim against Dr. Justin Ribault because his inmate complaint did not mention Ribault or his treatment decisions, and dismissed that claim without prejudice.

Holdings

1. Because Linton's purported declaration did not comply with 28 U.S.C. § 1746 and he did not respond to defendants' proposed statements of fact as required by the local summary-judgment rule, the court accepted defendants' proposed facts as true.
2. Linton failed to exhaust available administrative remedies for his claim against Dr. Ribault because his inmate complaint did not identify Ribault or provide notice of the treatment decisions underlying the claim.

Questions Presented

1. Whether defendants were entitled to partial summary judgment because Linton failed to exhaust available administrative remedies for his deliberate-indifference claim against Dr. Ribault.
2. Whether Linton's unsworn declaration and failure to respond to defendants' proposed statements of fact required the court to accept those facts as undisputed.

Disposition

dismissed