Haley v. Wexford Health Sources, Inc. et al
Filing
161
ORDER DENYING 107 Motion for Summary Judgment and 143 Motion for Partial Summary Judgment without prejudice;and DENYING 126 Motion for Reconsideration. Defendant is GRANTED LEAVE to refile a motion for summary judgment, provided it complies with the Court's Local Rules as well as the Federal Rules of Civil Procedure. Defendant is ADVISED that the deadline for filing dispositive motions is September 22, 2017. Signed by Judge Nancy J. Rosenstengel on 8/28/2017. (jkb2)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
KENJI L. HALEY,
Plaintiff,
vs.
RAVYN OLIN and DR. ALAN
MONTGOMERY,
Defendants.
)
)
)
)
)
)
)
)
)
)
Case No. 3:15-CV-473-NJR-DGW
MEMORANDUM AND ORDER
ROSENSTENGEL, District Judge:
Three motions are pending before the Court: (1) Plaintiff Kenji L. Haley’s Motion
for Partial Summary or Summary Judgment against Defendant Ravyn Olin (Doc. 107);
(2) Haley’s Motion to Grant Partial Judgment or Summary Judgment against Defendant
Ravyn Olin (Doc. 143); and (3) Haley’s Motion to Reconsider this Court’s Order granting
summary judgment to Dr. Larson (Doc. 126). For the reasons set forth below, these
motions are denied.
RELEVANT BACKGROUND
Plaintiff Kenji L. Haley, an inmate in the custody of the Illinois Department of
Corrections, filed this action on April 28, 2015, alleging his constitutional rights were
violated while he was incarcerated at Big Muddy River Correctional Center (“Big
Muddy”). (Doc. 1). In his amended complaint, Haley alleged Nurse Ravyn Olin
provided Haley, at the direction of Dr. Alan Montgomery, with an antibiotic, Bactrim, to
Page 1 of 7
treat a stye in his eye. (Doc. 36). Haley had an allergic reaction to Bactrim, and it came to
his attention that his allergy was documented in his medical records. (Doc. 36, pp. 5-6).
Haley’s complaint was screened pursuant to 28 U.S.C. § 1915A, and he was allowed to
proceed on a claim of deliberate indifference against Nurse Olin, Dr. Montgomery, and
Dr. Larson, the Medical Director at Big Muddy. (Doc. 41, p. 9). Haley’s medical
malpractice claim against these Defendants was dismissed without prejudice due to his
failure to comply with 735 ILL. COMP. STAT. §5/2-622(g). (Doc. 41, p. 10).1
The Court entered a Scheduling and Discovery Order in this matter on June 22,
2016, which directed that the parties “should not conduct discovery on the merits until
the question of whether Plaintiff has exhausted his administrative remedies within the
meaning of the Prison Litigation Reform Act has been resolved.” (Doc. 61, p. 4). Motions
for summary judgment on the issue of exhaustion were filed in August 2016 (Docs. 67
and 70). Before those motions had been resolved, and contrary to the Scheduling and
Discovery Order, Haley filed a motion for summary judgment as to his deliberate
indifference claim against Defendant Ravyn Olin. (Doc. 107). This Court entered an
order on December 20, 2016, granting summary judgment in favor of Dr. Dennis Larson
due to Haley’s failure to exhaust administrative remedies.2 Three days later, Haley filed
a Motion to Reconsider that Order. (Doc. 126).
Haley filed a second Motion to Grant Partial Judgment or Summary Judgment on
March 8, 2017. (Doc. 143). The second motion contained a duplicate copy of the original
Dismissal of Haley’s medical malpractice claim is now with prejudice. (see Docs. 41, 66, 137).
The same Order denied Dr. Alan Montgomery’s request for summary judgment, finding that Haley did
exhaust administrative remedies with regard to Dr. Montgomery. (Doc. 125).
1
2
Page 2 of 7
motion plus additional allegations that Defendant Olin did not properly respond to the
first motion.3 (Doc. 143). Defendant Olin timely responded to Haley’s March 8, 2017
motion arguing it should be denied as Haley failed to comply with the Court’s Local
Rules.4
Pending before the Court are Haley’s two motions for Summary Judgment and
his Motion for Reconsideration.
DISCUSSION
I. SUMMARY JUDGMENT
A court shall grant summary judgment if the movant shows there is no genuine
dispute as to any material fact and the movant is entitled to judgment as a matter of law.
Fed. R. Civ. Pro. 56(a). Although there is no requirement that motions for summary
judgment be filed following the close of all discovery, it is apparent Haley’s filing here
was premature. At the time of filing no merits discovery had been conducted, and any
discovery on the merits was stayed pending resolution of the issue of exhaustion of
administrative remedies. (Doc. 61, p. 4). Moreover, Haley’s motion fails to comport with
this Court’s Local Rules.
In particular, Southern District of Illinois Rule 7.1(d) prescribes that “[a]ll briefs
shall contain a short, concise statement of the party’s position, together with citations to
Although Defendant Olin did not respond to Haley’s initial partial motion for summary judgment
(Doc. 107), the Court declines to deem this failure as an admission as to its merits given the Scheduling
and Discovery Order language requiring the parties to resolve whether administrative remedies had been
exhausted prior to entering into any discovery on the merits (Doc. 61, p. 4).
4
Defendant also argues that Haley incorrectly based his motion on the standard for medical negligence
rather than the standard for deliberate indifference. (Doc. 147). Because the Court is denying Haley’s
motions for summary judgment on procedural grounds, the Court finds it unnecessary, and therefore
declines, to address the substantive argument raised by Defendant.
3
Page 3 of 7
relevant legal authority and to the record. Allegations of fact not supported by citation
may, in the Court’s discretion, not be considered. S.D. Ill. R. 7.1(d). Here, Haley failed to
include any citation to legal authority and, though he references exhibits in his
declaration, he failed to include those exhibits when filing his motion. Indeed, Haley’s
only evidence is his declaration, but that document fails to address the necessary
elements of deliberate indifference—the claim on which he is seeking summary
judgment.5 Accordingly, Haley’s motion for partial summary judgment (Doc. 107) and
motion to grant partial summary judgment (Doc. 143) will be denied for failure to
comply with the Court’s summary judgment procedures. See Bordelon v. Chicago School
Reform Board of Trustees, 233 F.3d 524, 527 (7th Cir. 2000) (a district court can require
“strict compliance” with local rules governing summary judgment). Nonetheless, the
denial is without prejudice to allow Haley, who is proceeding pro se, to file a future
summary judgment motion that complies with the Court’s procedures. See Dale v. Poston,
548 F.3d 563, 568 (7th Cir. 2008).
II. REQUEST FOR RECONSIDERATION
Federal Rule of Civil Procedure 59(e) allows a court to alter or amend a judgment
in order to correct manifest errors of law or fact, to address newly discovered evidence,
Though the Court is not inclined to delve into the substance of Haley’s motion due to its procedural
failings, it would be remiss if it failed to address the inadequacies in Haley’s declaration. First, it is not
clear if Haley had personal knowledge of some statements he included. For example, Haley declares that
“Defendant [Olin] contacted her superiors to confer issues of the eye injury and the course of treatment.”
(Doc. 107, p. 4, ¶ 7). Haley does not explain how he has such knowledge of Olin’s conference with her
superiors. Moreover, Haley’s declaration fails to address the subjective element of the deliberate
indifference standard—whether Defendant Olin was “aware of facts from which the inference could be
drawn that a substantial risk of serious harm exists” and that the officials actually drew that inference.
Greeno v. Daley, 414 F.3d 645, 653 (7th Cir. 2005).
5
Page 4 of 7
or where there has been an intervening and substantial change in the controlling law
since submission of the issues to the district court. Fed. R. Civ. P. 59(e); See also Bank of
Waunakee v. Rochester Cheese Sales, Inc., 906 F.2d 1185, 1191 (7th Cir. 1990) (quoting Above
the Belt, Inc. v. Mel Bohannan Roofing, Inc., 99 F.R.D. 99, 101 (E.D. Va. 1983)). Motions to
reconsider under Rule 59(e) should only be granted in rare circumstances. Id. The
decision whether to grant a Rule 59(e) Motion to Reconsider lies in the sound discretion
of the Court. Matter of Prince, 85 F.3d 314, 324 (7th Cir. 1996).
On December 20, 2016, this Court entered an order granting summary judgment
in favor of Dr. Larson, the medical director at Big Muddy Correctional Center, based on
Haley’s failure to exhaust his administrative remedies prior to bringing his Eighth
Amendment deliberate indifference claim. (Doc. 125, p. 8). Haley has moved this Court
to reconsider that decision. (Doc. 126).
Exhaustion of available administrative remedies is a precondition to suit. Dale v.
Lappin, 376 F.3d 652, 655 (7th Cir. 2004). The Illinois Administrative Code requires a
prisoner’s grievance “contain factual details regarding each aspect of the offender’s
complaint, including what happened, when, where, and the name of each person who is
the subject of or who is otherwise involved in the complaint.” ILL. ADMIN. CODE tit. 20,
§ 504.810(b) (2017). If names of individuals are unknown, the prisoner can still file the
grievance but “must include as much descriptive information about the individual as
possible.” Id. Such a process is sufficient to serve the Prison Litigation Reform Act’s
purpose of providing prison officials a “fair opportunity” to address the inmate’s
Page 5 of 7
complaint prior to engaging in federal litigation. Maddox v. Love, 655 F.3d 709, 713
(7th Cir. 2011).
This Court reviewed the text of Haley’s administrative grievance and found no
reference to Dr. Larson, the medical director in general, or any complaints the medical
director improperly approved the prescription given to Haley for which he had a known
allergy. (Doc. 125, p. 8). Thus, Haley’s January 13, 2014 grievance was found insufficient
to alert the prison he was complaining about Dr. Larson. (Doc. 125, p. 8). The Court,
therefore, granted summary judgment because Haley had failed to exhaust his
administrative remedies with regard to Dr. Larson prior to filing this action. (Doc. 125).
Haley’s Motion to Reconsider Judgment (Doc. 126) argues that summary
judgment in favor of Dr. Larson was improper because Dr. Larson “signed off on the
recommendation of the medication being dispensed to the plaintiff,” and thus he is
“equally liable.” (Doc. 126, pp. 1-2).6 While this may be true, it does not alter the Court’s
finding that Haley failed to exhaust administrative remedies with regard to Dr. Larson’s
conduct. The fact that Dr. Larson may have signed off on the medication given to Haley
does not alter the fact that Dr. Larson was not listed or described in the original
grievance, and that nothing in the original grievance referred to anyone improperly
authorizing the medication. Haley’s grievance failed to provide prison officials with an
opportunity to address his complaint against Dr. Larson, and therefore Haley failed to
exhaust administrative remedies. As a result, none of the evidence presented in Haley’s
6
Hardy makes additional factual allegations which are all introduced to support his claim that Hardy
improperly signed off on the medication he was given.
Page 6 of 7
Motion for Reconsideration provides this Court with newly discovered evidence or a
basis for concluding a manifest error of fact occurred in the Court’s original Order.7
CONCLUSION
For the reasons set forth above, Plaintiff Kenji L. Haley’s Motion for Partial
Summary or Summary Judgment against Defendant Ravyn Olin (Doc. 107) and his
Motion to Grant Partial Judgment or Summary Judgment against Defendant Ravyn Olin
(Doc. 143) are DENIED without prejudice. Further, Haley’s Motion to Reconsider
(Doc. 126) is DENIED. Haley is GRANTED LEAVE to refile a motion for summary
judgment, provided it complies with the Court’s Local Rules as well as the Federal Rules
of Civil Procedure. Haley is ADVISED that the deadline for filing dispositive motions is
September 22, 2017.
IT IS SO ORDERED.
DATED: August 28, 2017
____________________________
NANCY J. ROSENSTENGEL
United States District Judge
7
Haley appears to be raising a purely factual argument. The Court notes that he points to no case law to
suggest the Court’s finding was erroneous as a matter of law or that there has been a substantial change in
controlling law since the Court’s Order. As a result, there is no basis for finding an error of law.
Page 7 of 7
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?