Black v. Crain et al

Filing 37

ORDER granting 33 Motion for Summary Judgment. Defendants Willis and Martin are DISMISSED without prejudice. Signed by Chief Judge Nancy J. Rosenstengel on 11/21/2022. (anp)

Case 3:21-cv-01650-NJR Document 37 Filed 11/21/22 Page 1 of 2 Page ID #165

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
RODNEY BLACK,
Plaintiff,
Case No. 21-cv-1650-NJR

v.
ANGELA CRAIN, KIM MARTIN,
RONALD GUETERSLOH, and
JAMES WILLIS, 1
Defendants.

MEMORANDUM AND ORDER
ROSENSTENGEL, Chief Judge:
Plaintiff Rodney Black, an inmate of the Illinois Department of Corrections
(“IDOC”) who is currently incarcerated at Menard Correctional Center, brings this action
for deprivations of his constitutional rights pursuant to 42 U.S.C. § 1983. His Amended
Complaint alleges that he lacked access to a toilet and shower while in the healthcare
unit. He was allowed to proceed on one Eighth Amendment deliberate indifference claim
against James Willis, Angela Crain, Kim Martin, and Ronald Guetersloh (Doc. 12, p. 3).
This matter is currently before the Court on a motion for summary judgment filed
by James Willis and Kimberly Martin (Docs. 33 and 34). Defendants argue that Black
failed to exhaust his administrative remedies against them. Specifically, they point to an
emergency grievance dated November 1, 2021, which grieves his lack of access to a toilet,

Defendants Ronald Guetersloh and James Willis have identified themselves by their proper
names (Doc. 20). The Clerk of Court is DIRECTED to CORRECT the docket to reflect Defendants’
proper names.

1

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Case 3:21-cv-01650-NJR Document 37 Filed 11/21/22 Page 2 of 2 Page ID #166

sink, and shower while in the healthcare unit. His grievance identified the individuals
responsible for placing him in the cell as Rob Jeffreys, Anthony Wills, Angela Crain, and
Sergeant Gutenslaw (later identified as Guetersloh) (Doc. 34-1, pp. 5-6). Although
deemed not an emergency, Defendants acknowledge that the grievance was fully
exhausted (Id. at pp. 3-5). Instead, Willis and Martin argue that the grievance fails to
include any allegations against them.
In response to the motion, Black acknowledges that his grievance did not identify
Willis or Martin (Doc. 36). He also acknowledges that after reviewing the documents, he
did not grieve the allegations against Willis and Martin and mistakenly added them as
defendants (Id.). He further requests that Willis and Martin be removed from the case
(Id.).
Because it is clear that Black failed to exhaust his claims against Willis and Martin,
the motion for summary judgment is GRANTED. Willis and Martin are DISMISSED
without prejudice from the case.
IT IS SO ORDERED.
DATED: November 21, 2022
____________________________
NANCY J. ROSENSTENGEL
Chief U.S. District Judge

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