Smith v. Singh et al

Filing 87

ORDER ADOPTING 86 REPORT AND RECOMMENDATIONS. The 57 Motion for Summary Judgment filed by Defendants Knebel, Santos, Singh, and Wexford Health Sources, Inc., and the 64 Motion for Summary Judgment filed by Defendants Krebs and Warden of Centralia Correctional Center are DENIED. Signed by Judge Nancy J. Rosenstengel on 8/21/18. (mlp)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
TROY SMITH,
Plaintiff,
vs.
HARGURMUKH SINGH, J. J. RODOS,
WEXFORD HEALTH SOURCES, INC.,
VENERIO SANTOS, LISA KREBS,
JESSICA KNEBEL, JOHN/JANE DOE,
AND WARDEN OF CENTRALIA
CORRECTIONAL CENTER,
Defendants.

)
)
)
)
)
)
)
)
)
)
)
)
)
)

Case No. 3:17-CV-170-NJR-DGW

MEMORANDUM AND ORDER
ROSENSTENGEL, District Judge:
This matter is before the Court on the Report and Recommendation of United
States Magistrate Judge Donald G. Wilkerson (Doc. 86) on the question of whether
Plaintiff Troy Smith exhausted his administrative remedies prior to filing this lawsuit, as
required by the Prison Litigation Reform Act, 28 U.S.C. § 1997e(a). Magistrate Judge
Wilkerson recommends denying the motion for summary judgment filed by Defendants
Knebel, Santos, Singh, and Wexford Health Sources, Inc. (Doc. 57), as well as the motion
for summary judgment filed by Defendants Krebs and Warden of Centralia Correctional
Center (Doc. 64). No objections to the Report and Recommendation were filed.
Smith filed this civil rights action under 42 U.S.C. § 1983 alleging Defendants
were deliberately indifferent to his serious medical needs, in violation of the Eighth
Amendment (Doc. 15). Specifically, Smith claims Defendants continued to prescribe and

Page 1 of 3

administer high levels of lithium, which led him to experience lithium toxicity. Smith,
who has been diagnosed with schizoaffective disorder with psychotic features, was
admitted to St. Mary’s Hospital on December 3, 2015. For at least two months after his
release from the hospital, Smith would experience periods of lucidity followed by
confusion and abnormal behavior, thought processes, and judgment. Through an
affidavit, Smith attested that during the time period after his hospitalization, his mental
condition and prescription medications hindered his ability to understand that
Defendants may have treated him inappropriately. It is undisputed that Smith did not
file a grievance related to the conduct at issue until after he filed this lawsuit.
In January 2018, Defendants filed the pending motions for summary judgment,
arguing Smith did not exhaust his administrative remedies before filing this lawsuit
against them (Docs. 57, 64). On May 22, 2018, Magistrate Judge Wilkerson held a hearing
pursuant to Pavey v. Conley, 544 F.3d 739 (7th Cir. 2008) (Doc. 83). After considering the
evidence in the record as well as the testimony at the Pavey hearing, Magistrate Judge
Wilkerson concluded that the administrative process was unavailable to Smith due to his
mental health issues.
Because no party has filed an objection, the undersigned need not undertake de
novo review. 28 U.S.C. § 636(b)(1)(C); see also Thomas v. Arn, 474 U.S. 140 (1985); Johnson v.
Zema Sys. Corp., 170 F.3d 734, 741 (7th Cir. 1999). Instead, the Court should review the
Report and Recommendation for clear error. Johnson v. Zema Systems Corp., 170 F.3d 734,
739 (7th Cir. 1999). The Court may then “accept, reject, or modify, in whole or in part, the
findings or recommendations made by the magistrate judge.” 28 U.S.C. § 636(b)(1).

Page 2 of 3

While de novo review is not required here, the Court has carefully reviewed
Magistrate Judge Wilkerson’s Report and Recommendation for clear error. Following
this review, the Court agrees with his findings, analysis, and conclusions. Accordingly,
the Court ADOPTS Magistrate Judge Wilkerson’s Report and Recommendation
(Doc. 86) and DENIES the Motion for Summary Judgment filed by Defendants Knebel,
Santos, Singh, and Wexford Health Sources, Inc. (Doc. 57) and the Motion for Summary
Judgment filed by Defendants Krebs and Warden of Centralia Correctional Center
(Doc. 64).
IT IS SO ORDERED.
DATED: August 21, 2018
____________________________
NANCY J. ROSENSTENGEL
United States District Judge

Page 3 of 3