Charleston v. Jones et al
ORDER granting (Doc. 97 ) Motion for Joinder. For the reasons stated in the attached Memorandum and Order, Defendant Oliver's Motion for Joinder (Doc. 97) is GRANTED. Further, for the reasons stated in the Order at Doc. 71, the Court fin ds that Defendant Oliver cannot meet her burden to show that Plaintiff failed to exhaust his administrative remedies as to Count 3 of Plaintiff's Complaint. Defendant Oliver's Motion for Summary Judgment (Doc. 54) as to Count 3 of Plaintiff's Complaint is DENIED. Signed by Judge David W. Dugan on 6/4/2021. (arm)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
HEATHER MCGHEE, and
Case No. 19-cv-764-DWD
MEMORANDUM AND ORDER
DUGAN, District Judge:
Now before the Court is Defendant Tangel
on the Issue of Failure to Exhaust Administrative Remedies. In this matter, Plaintiff Caleb
Charleston, an inmate of the Illinois Departme
U.S.C. § 1983 action against Defendants following injuries Plaintiff sustained at Menard
(Doc. 10), Plaintiff originally proceeded on three counts; however, only Count 3 was
directed at Defendant Oliver:
Eighth Amendment deliberate indifference to a serious medical need
claim against Jones, Westerman, Schoenbeck, Oliver Wooley,
McCaleb, Caron, Gardiner, Gee and McGhee for failing to provide
plaintiff with adequate medical treatment following his attack.
Defendant Tangela Oliver is a late-appearing party. An entry of default was
entered against Oliver on February 1, 2021 (Doc. 62), but subsequently set aside on March
17, 2021 (Doc. 72). Oliver filed
mplaint on March 30, 2021 (Doc.
75) and was granted leave to file a motion for summary judgment on the issue of
exhaustion of administrative remedies before May 31, 2021 (Doc. 78). By her Motion to
Join (Doc. 97), Oliver
the Issue of Failure to Exhaust Administrative Remedies (Doc. 54) and Memorandum in
Support (Doc. 55), which were both filed on September 15, 2020. Defendant Oliver did
not join in the original briefing on this Motion for Summary Judgment as she had not yet
appeared in the case.
On March 17, 2021, the Court denied, in pa
Judgment (Doc. 54), as it related to
See Order at Doc.
71). Counts 1 and 2, however, were dismissed, without prejudice, following a hearing
pursuant to Pavey v. Conley, 544 F.3d 739 (7th Cir. 2008), held on April 15, 2021 (See Order
at Doc. 80). Accordingly, only Count 3 of Pl
a separate motion for summary judgment, Defendant Oliver seeks to join in her Cot at Doc. 54, as it related to the only
count against her, Count 3. Oliver represents that she is not seeking reconsideration of
Count, but that she seeks to join the same issues and raise the same arguments already
resolved by the Court in order to preserve the record for an appeal. Oliver clarifies that
she maintains that Plaintiff did not fully or properly exhaust his administrative remedies
pursuant to the Prison Litigation Reform Act and the Illinois Administrative Code, and
is pursuing the same arguments raised by her Co-Defendants in the Memorandum in
Support of their Motion for Summary Judgment at Doc. 55.
Further, for the reasons stated in the Order at Doc. 71, the Court finds that Defendant
Oliver cannot meet her burden to show that Plaintiff failed to exhaust his administrative
remedies as to Count 3 of Pl
for Summary Judgment (Doc.
Dated: June 4, 2021
DAVID W. DUGAN
United States District Judge
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?