Milton Rodriguez v. Daniel Monti, Jonathan Grote, Barbara Wheeler, Dr. Percy Myers, and Jeffrey Wehking

Summary

The United States District Court for the Southern District of Illinois denied defendants’ motions for summary judgment based on Milton Rodriguez’s alleged failure to exhaust administrative remedies under the Prison Litigation Reform Act. The court held that Rodriguez’s stroke-related physical and mental limitations, hospitalization, and housing in the health care unit rendered the grievance process unavailable to him. The case therefore proceeded on his Eighth Amendment deliberate-indifference claim and his ADA/Rehabilitation Act accommodation claim.

Holdings

1. Defendants were not entitled to summary judgment because they failed to prove that an administrative remedy was available to Rodriguez and that he failed to pursue it.
2. No Pavey hearing was necessary because there were no genuine disputes of material fact concerning exhaustion.

Questions Presented

1. Whether Defendants were entitled to summary judgment because Rodriguez failed to properly exhaust available administrative remedies under the PLRA.
2. Whether Rodriguez's stroke-related physical and mental limitations, lack of access to writing assistance and grievance facilities, and health care unit housing rendered the administrative grievance process unavailable.
3. Whether a Pavey evidentiary hearing was required to resolve the exhaustion issue.

Disposition

denied