Charleston v. Jones et al

Filing 98

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)

Download PDF
IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS CALEB CHARLESTON, Plaintiff, vs. ALEX JONES, JOSHUA SCHOENBECK, PAMELA WESTERMAN, SARAH WOOLEY, JOHN MCCALEB, CHASE CARON, JEFFREY GARDINER, SHAUN GEE, HEATHER MCGHEE, and TANGELA OLIVER, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) 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. ยง 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: Count 3: Eighth Amendment deliberate indifference to a serious medical need claim against Jones, Westerman, Schoenbeck, Oliver Wooley, 1 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 2 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. GRANTED. 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. DENIED. SO ORDERED. Dated: June 4, 2021 ______________________________ DAVID W. DUGAN United States District Judge 3

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?