Powers v. Chandler et al

Filing 89

Motion for leave to file 73 is granted; WRITTEN Opinion entered by the Honorable Philip G. Reinhard on 11/21/2011: Signed by the Honorable Philip G. Reinhard on 11/21/2011:Notice mailed by Judicial staff (pg, )

Order Form (01/2005)

United States District Court, Northern District of Illinois
Name of Assigned Judge
or Magistrate Judge

Philip G. Reinhard

CASE NUMBER

10 C 50097

CASE
TITLE

Sitting Judge if Other
than Assigned Judge

DATE

11/21/2011

Powers vs. Chandler, et al.

DOCKET ENTRY TEXT:

For the reasons stated below, the court grants Chandler’s motion for partial summary judgment.

O[ For further details see text below.]

Notices mailed by Judicial staff.

STATEMENT - OPINION
Defendant, Nedra Chandler, the warden at Dixon Correctional Center, filed a motion for partial summary
judgment as to Count III of the third amended complaint, the only count directed at her.1 Chandler contends that she is
entitled to partial summary judgment as to the claims of retaliation based on her having allegedly denied plaintiff the
opportunity to participate in schooling, denied him good time credit, and denied him the right to present grievances.
Plaintiff has not submitted any response.
In considering a motion for summary judgment, the court construes all facts and reasonable references in the
light most favorable to the non-moving party. Arnett v. Webster, 658 F. 3d 742, 757 (7th Cir. 2011). Summary
judgment is appropriate only if the moving party shows that there is no genuine dispute as to any material fact and that
she is entitled to judgment as a matter of law. Arnett, 658 F. 3d at 757.
The Prison Litigation Reform Act, 42 U.S.C. §1997e(a), requires that prior to bringing an action under 42
U.S.C. § 1983 a prisoner must first exhaust all available administrative remedies. Maddox v. Lane, 655 F. 3d 709, 720
(7th Cir. 2011). The inmate must file a timely grievance utilizing the rules and the procedures of the state’s prison
grievance process. Maddox, 655 F. 3d at 720-21. Thus, a prisoner who fails to properly use the prison grievance
process cannot bring his claim in Federal court. Maddox, 655 F. 3d at 721.
Here, Chandler has submitted the affidavit of Brian Fairchild, the chairperson of the Administrative Review
Board (ARB) for the Illinois Department of Corrections. According to Fairchild, he conducted a thorough search of the
ARB grievance records initiated by plaintiff. None of those grievances contained any complaints regarding the
retaliation claims against Chandler in Count III of a denial of a right to participate in schooling, the denial of good time
credit, or the denial of a right to present grievances. Plaintiff has offered no evidence to the contrary. Based on this
undisputed evidence, the court grants Chandler’s motion for partial summary judgment as to the claims in Count III
pertaining to a retaliatory denial of the right to participate in schooling, denial of good time credit, and denial of the
right to submit grievances.
For the foregoing reasons, the court grants the motion for leave to file a motion for partial summary judgment
and also grants the motion for partial summary judgment.

1. Chandler also filed an accompanying motion for leave to file her motion for partial summary judgment.

There is
no objection thereto, and the court grants the motion for leave to file the motion for partial summary judgment.

10C50097 Powers vs. Chandler, et al.

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