Summary
The United States District Court for the Southern District of Illinois granted Defendants’ motion for summary judgment on exhaustion grounds in Kejuan Jenkins’s 42 U.S.C. § 1983 action. The court held that Jenkins failed to properly exhaust administrative remedies for his Eighth Amendment excessive-force and conditions-of-confinement claims under the Prison Litigation Reform Act. The case was dismissed without prejudice and the Clerk was directed to close the case.
Holdings
- A prisoner must exhaust available administrative remedies before filing an action concerning prison conditions under 42 U.S.C. § 1983, and exhaustion requires compliance with the prison's applicable grievance procedures.
- Plaintiff failed to exhaust Counts 1, 3, 4, and 6 because the grievances he appealed either did not identify or describe the alleged force and segregation mistreatment or were procedurally deficient.
- Because Plaintiff failed to respond after receiving notice of the consequences, the court could treat Defendants' properly asserted material facts as undisputed for purposes of summary judgment.
Questions Presented
- Whether Defendants were entitled to summary judgment because Plaintiff failed to exhaust available administrative remedies under the Prison Litigation Reform Act.
- Whether Plaintiff's grievances sufficiently alerted prison officials to the alleged excessive force and segregation-condition claims.
- Whether Plaintiff's failure to respond to the summary-judgment motion permitted the court to deem Defendants' properly supported material facts admitted.
Disposition
dismissed
Cases Cited (9)
- Celotex Corp. v. Catrett, 477 U.S. 317, 322 (1986)(followed)
- Apex Digital, Inc. v. Sears, Roebuck & Co., 735 F.3d 962, 965 (7th Cir. 2013)(followed)
- Dole v. Chandler, 438 F.3d 804, 809 (7th Cir. 2006)(followed)
- Pozo v. McCaughtry, 286 F.3d 1022, 1023–25 (7th Cir. 2002)(followed)
- Ford v. Johnson, 362 F.3d 395, 398 (7th Cir. 2004)(followed)
- Smith v. Lamz, 321 F.3d 680, 683 (7th Cir. 2003)(followed)
- Flynn v. Sandahl, 58 F.3d 283, 288 (7th Cir. 1995)(followed)
- Pyles v. Nwaobasi, 829 F.3d 860, 867 (7th Cir. 2016)(followed)
- Cannon v. Washington, 418 F.3d 714, 719 (7th Cir. 2005)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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