Thomas M. Smith v. Wexford Health Sources, Inc., Dr. Gentry, and Jacqueline Lashbrook

Summary

The United States District Court for the Southern District of Illinois granted summary judgment to Wexford Health Sources, Inc. and Dr. Gentry in an Eighth Amendment § 1983 action concerning the denial of transition lenses. The court held that the plaintiff filed suit before completing the Illinois Department of Corrections grievance and Administrative Review Board appeal process, as required by the Prison Litigation Reform Act. The action, including all claims and defendants, was dismissed without prejudice for failure to exhaust administrative remedies.

Holdings

1. Summary judgment was proper because Smith filed suit before completing the required administrative appeal to the Administrative Review Board, and the PLRA requires proper exhaustion before a prisoner brings an action concerning prison conditions.
2. No evidentiary hearing or jury trial was required because the material facts concerning exhaustion were undisputed and were not intertwined with the merits of Smith's claims.
3. Alleged futility, delay, pain, or incompetence of the ARB did not excuse Smith's failure to exhaust because the Seventh Circuit recognizes no futility exception to the PLRA exhaustion requirement.

Questions Presented

1. Whether Defendants were entitled to summary judgment because Smith had not completed the Illinois prison grievance process before filing his § 1983 action.
2. Whether the court was required to conduct an evidentiary hearing or submit the exhaustion issue to a jury under Pavey and Perttu when the material facts concerning exhaustion were undisputed.
3. Whether alleged futility, delay, or incompetence of the Administrative Review Board excused Smith's failure to exhaust before filing suit.

Disposition

dismissed