Juvinall v. Jacksonville Correctional Center

Filing 65

ORDER Entered by Judge Sue E. Myerscough on 10/25/13. The Court is denying 47 Plaintiff's Motion to Request Counsel; granting 48 Plaintiff's Motion for Leave to file his medical records; granting 50 Defendants' Motion to Substi tute Attorney Carter for Attorney Fanning; granting 55 Defendants' Motion for Summary Judgment and defendants Jackson, Shicker, Austin and Farrow are dismissed without prejudice.The Court is granting in part 59 Motion to Compel and denying 60 Motion for Default Judgment with leave to renew. (DK, ilcd) Modified on 10/25/2013 to categorize this as an Opinion(DK, ilcd).

E-FILED

Friday, 25 October, 2013 08:04:36 AM
Clerk, U.S. District Court, ILCD

IN THE UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF ILLINOIS
RICKY JUVINALL, JR.,
Plaintiff,
v.
WARDEN GLEN AUSTIN, et al.,
Defendants.

)
)
)
)
)
)
)
)
)

13-CV-3071

OPINION
Plaintiff is incarcerated in Jacksonville Correctional Center.
He proceeds pro se in this civil rights action arising from alleged
deliberate indifference to Plaintiff's hand injury. All Defendants
have been served and the case is in the process of discovery.
Some of the Defendants—Farrow, Austin, Jackson, and
Shicker—move to dismiss, arguing that Plaintiff's grievance failed to
exhaust Plaintiff's administrative remedies as to them. Plaintiff
does not dispute that his grievance complained only about the lack
or delay of medical treatment for his injured hand. The grievance
mentioned nothing about Defendant Farrow allegedly forcing
Plaintiff to work through Plaintiff's injury. Nor did the grievance
mention Warden Austin, Assistant Warden Jackson, or IDOC
Page 1 of 6 

Medical Director Shicker. Plaintiff concedes this but argues that
his grievance is enough to exhaust against these Defendants
because Defendants have been included in Plaintiff's complaint.
The purpose of the exhaustion requirement is to give notice of
a problem to prison officials so that officials may have an
opportunity to address the problem before litigation ensues. Turley
v. Rednour, --- F.3d ---, 2013 WL 3336713 *2 (7th Cir. 2013).
Plaintiff's grievance did give notice of the alleged delay and lack of
medical treatment by those in the health care unit. However,
Plaintiff's grievance did not give notice of his allegation that he was
forced to work after complaining of his injury to Defendant Farrow.
The incidents are separate: Plaintiff's grievance on medical care
does not expand to cover claims not involving Plaintiff's medical
care. Accordingly, Defendant Farrow—who is the only Defendant
implicated in the claim about being forced to work—is dismissed for
Plaintiff's failure to exhaust administrative remedies.
Similarly, Plaintiff's grievance gives no hint how Defendants
Austin, Jackson, and Shicker were involved in the lack of medical
care. Austin, Jackson, and Shicker were not Plaintiff's health care
providers at Jacksonville, and Plaintiff did not file his grievance
Page 2 of 6 

until after Plaintiff had received surgery for his hand. Plaintiff
argues that his grievance exhausted his administrative remedies as
to these Defendants due to their supervisory positions, but that is
incorrect. Notifying prison officials generally about the lack of
medical treatment does not exhaust administrative remedies
against prison officials who had nothing to do with providing that
medical treatment. Additionally, supervisors cannot be held liable
for their employees' constitutional violations solely because the
supervisors are in charge. Kuhn v. Goodlow, 678 F.3d 552. 556 (7th
Cir. 2012)( "'An individual cannot be held liable in a § 1983 action
unless he caused or participated in an alleged constitutional
deprivation.'")(quoted cite omitted); Chavez v. Illinois State Police,
251 F.3d 612, 651 (7th Cir. 2001)(no respondeat superior liability
under § 1983). Summary judgment is therefore granted to
Defendants Austin, Jackson, and Shicker.
IT IS ORDERED:
1) The motion for summary judgment on the issue of
exhaustion by Defendants Austin, Farrow, Jackson, and Shicker
is granted (d/e 55). Defendants Austin, Farrow, Jackson, and

Page 3 of 6 

Shicker are dismissed without prejudice. The clerk is directed to
terminate Defendants Austin, Farrow, Jackson, and Shicker.
2)

Plaintiff's motion to compel is granted in part (d/e

59). Plaintiff's request for all of Defendant Wexford's policies and
directives regarding patient care is overbroad. However, documents
addressing whether a patient's condition is emergent and how
emergent conditions are handled could be relevant. Whether that
information is admissible is a different question to be decided at the
summary judgment stage. By November 25, 2013, Defendant
Wexford is directed to respond to Plaintiff's request number 4, as
limited herein.
3) Plaintiff's motion for the appointment of counsel (d/e
47) is denied for the reasons stated in the Court's 6/12/13 order.
The Court understands that Plaintiff has been receiving help from
an inmate, but that alone does not mean that Plaintiff is not
competent to proceed pro se. Though Plaintiff's claim involves
medical treatment, which can be complicated, the medical condition
in this case is one a layperson can explain and understand: a
broken hand. Plaintiff has been able to obtain and submit his
relevant medical records, file a response to the motion regarding
Page 4 of 6 

exhaustion addressing Defendants' arguments, and successfully
pursue a motion to compel. Additionally, Plaintiff's most recent
Test for Adult Basic Education score shows that he scored above a
twelfth grade level for the reading scores.
4) Plaintiff's motion to file his medical records is granted
(d/e 48).
5) Defendants' motion to substitute Attorney Carter for
Attorney Fanning is granted (d/e 50).
6) Plaintiff's motion for default is denied (d/e 60), with
leave to renew. According to the docket, waivers of service were
sent to Nurse Boan and to Becky Sudbrink at Jacksonville
Correctional Center on April 15, 2013, and again on July 10, 2013.
However, those waivers were not returned, and the clerk was
informed that no record of employment existed for either Nurse
Boan or Becky Sudbrink. The record shows that Defendants Boan
and Sudbrink are IDOC employees and are in fact employed at
Jacksonville Correctional Center (d/e's 49, 52).
7)

By November 8, 2013, Attorney Carter is directed to

obtain signed waivers of service and requests for representation
from Defendants Boan and Sudbrink.
Page 5 of 6 

8)

By November 12, 2013, Attorney Carter is directed to file

the waivers of service signed by Defendants Boan and Sudbrink and
to file an appearance on their behalf.
ENTERED: 10/25/13
s/Sue E. Myerscough
SUE E. MYERSCOUGH
UNITED STATES DISTRICT JUDGE

Page 6 of 6