Hoskins v. Bartolotti

UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF ILLINOIS

JOSHUA LEE HOSKINS, )

)

Plaintiff, )

)

vs. ) Case No. 3:21-cv-00664-GCS

)

MICHAEL BARTOLOTTI, et al., )

)

Defendants. )

)

MEMORANDUM & ORDER

SISON, Magistrate Judge:

Pending before the Court are Defendants’ Motions for Summary Judgment as to

Exhaustion of Administrative Remedies. (Doc. 68, 75). Defendants Blum, Myers and

Rueter (“Wexford Defendants”) filed their Motion for Summary Judgment along with a

Memorandum of Support on February 8, 2023. (Doc. 68, 69). Defendants Bailey, Baker,

Bartolotti, Bell, Blaylock, Brock, Brown, Cacioppo, Frank, Hankins, Heck, Hermann,

Lueker, Mumbower, Newbury, Pestka, Reid and Rodman (“IDOC Defendants”) filed

their Motion for Summary Judgment and Memorandum of Support on February 22, 2023.

(Doc. 75, 76). Plaintiff timely filed a response to the motions on February 28, 2023. (Doc.

78). Defendants Blum, Myers and Rueter filed a Reply to Plaintiff’s Response on March

14, 2023. (Doc. 81). The Court held hearings on the motions on June 14, 2023, and July 31,

2023, and took the matter under advisement. (Doc. 93, 99).

On December 26, 2023, Plaintiff filed a Motion to Allow Plaintiff to Submit Newly

Discovered Evidence for the Court to Consider. (Doc. 110). The Court granted Plaintiff’s

Motion on January 2, 2024. (Doc. 112). Accordingly, Plaintiff filed three supplements with

the Court consisting of various Facebook pages for some of the Defendants. (Doc. 114,

115, 116). While the Court did consider the social media evidence presented by Plaintiff,

it merely demonstrates a social media relationship between several Defendants in this

case and does not impact the Court’s analysis in this Memorandum & Order.

For the reasons delineated below, the Court GRANTS the Wexford Defendants’

Motion for Summary Judgment. (Doc. 68) The Court GRANTS IN PART and DENIES

IN PART the IDOC Defendants’ Motion for Summary Judgment. (Doc. 75).

PROCEDURAL BACKGROUND

On June 21, 2021, Plaintiff Hoskins, who was an inmate of the Illinois Department

of Corrections (“IDOC”) incarcerated at Dixon Correctional Center (“Dixon”), brought

this action pursuant to 42 U.S.C. § 1983 for alleged deprivations of his constitutional

rights that occurred while he was at Pinckneyville Correctional Center (“Pinckneyville”).1

(Doc. 1). In his Complaint, Hoskins alleges that Defendants were aware that he suffered

from elevated blood pressure, but they denied him treatment in retaliation for filing

grievances and lawsuits against Pickneyville staff. Id. at p. 63-65. Due to Defendants’

conduct, Hoskins reported that he experienced stress, anxiety, headaches, difficulty

breathing, lack of sleep, energy and exercise, an inability to focus and function, memory

difficulties, chest and stomach pains, dizzy spells, and other health issues. Id. at p. 65.

On June 7, 2022, the Court completed a preliminary review of Plaintiff’s Complaint

1 Plaintiff was housed at Pickneyville Correctional Center until April 8, 2021.

under 28 U.S.C. § 1915A.2 (Doc. 20). The Court construed Plaintiff’s Complaint into the

following counts:

Count 1: Defendants Bartolotti, Hankins, Brock, Heck, Lueker, Patterson,

Bell, Pestka, Blaylock, Hermann, Bailey, Newbury, Cacioppo, Mumbower,

Reid, Brown, Baker, Rodman, Myers, Rueter, Blum, and Frank violated the

Eighth Amendment by denying Hoskins access to medical treatment for his

elevated blood pressure.

Count 2: Defendants Bartolotti, Hankins, Brock, Heck, Lueker, Patterson,

Bell, Pestka, Blaylock, Hermann, Bailey, Newbury, Cacioppo, Mumbower,

Reid, Brown, Baker, Rodman, Myers, Rueter, Blum, and Frank violated the

First Amendment by retaliating against Hoskins for filing grievances and

lawsuits against Pinckneyville staff.

(Doc. 20, p. 4). The Court allowed Counts 1 and 2 to proceed against Defendants

Bartolotti, Hankins, Brock, Heck, Lueker, Patterson, Bell, Pestka, Blaylock, Hermann,

Bailey, Newbury, Cacioppo, Mumbower, Reid, Brown, Baker, Rodman, Myers, Rueter,

Blum, and Frank. Id. at p. 6. The Court dismissed Plaintiff’s claims without prejudice as

to Defendants Harriss, M. Johnson, Porter, Bryant, Dudek, Johnson, Wangler, Tomshack,

Summers, Wall, Petitjean, Oleary, Wanack, Adams, Meracle, Hagston, Little, Shirley,

Spiller, Penland, Schlott, Jurkowski, Mays, Belford, Peek, Lively, Justice, Cooley, Kulich,

Grove, Swisher, Vanderkhove, Miller, Bowles, Uraski, Vaugh, Rich, and Hale. Id.

FACTUAL BACKGROUND

Plaintiff’s Grievance Record is voluminous. Between February 7, 2020, and

February 19, 2021, which is the period when Plaintiff allegedly received inadequate

2 Plaintiff’s Complaint originally named fifty-five Defendants. However, the Court held

that Plaintiff’s “general assertions against [the] large group of Defendants” was not sufficient to

state a claim. (Doc. 20, p. 3) (finding that generic allegations against one of more defendants is not

sufficient to state a claim) (citing Brooks v. Ross, 578 F.3d 574, 580 (7th Cir. 2009)).

medical treatment for his blood pressure, Plaintiff filed 64 grievances at Pickneyville.

(Doc. 69, Exh. 2-4). After Plaintiff was transferred to Dixon, he filed additional grievances

regarding the medical treatment he received at Pickneyville. (Doc. 69, Exh. 5-7). Plaintiff’s

Grievance Record obtained from the Administrative Review Board (“ARB”) contains a

total of 657 pages of potentially relevant grievances. (Doc. 69, Exh. B). Plaintiff and

Defendants agree as to which grievances are at issue. See generally (Doc. 69, 76, 78).

Accordingly, the Court will review those grievances identified by the parties and will

then provide an overview of the testimony provided at the motion hearings.

A. Grievances Filed by Plaintiff that Did Not Receive a Grievance Number

Grievances dated February 17, 2020, February 23, 2020, March 1, 2020, March 2,

2020, March 8, 2020, March 10, 20203, March 10, 20204, March 12, 20205, March 12, 20206,

March 15, 2020, March 16, 2020, March 18, 2020, March 19, 2020, March 21, 2020, March

31, 2020, and April 6, 2020, were each submitted directly to the ARB. See generally (Doc.

69, Exh. 3). For each of these grievances, the ARB requested that Plaintiff provide

3 The first grievance dated March 10, 2020, describes an incident between Plaintiff and C/O

Bell, Sgt. Peck, and Lt. Smith that allegedly occurred on March 8, 2020. (Doc. 69, Exh. 3, p. 83-85).

4 The second grievance dated March 10, 2020, describes an incident between Plaintiff and

Major Coke as well as an incident between Plaintiff and healthcare staff that allegedly occurred

on March 7, 2020. Plaintiff also complained that he was being denied his medications. (Doc. 69,

Exh. 3, p. 92-94).

5 The first grievance dated March 12, 2020, describes an incident between Plaintiff and C/O

Bell, Nurse Rueter, and Sgt. Wanack that allegedly occurred on March 11, 2020. (Doc. 69, Exh. 3,

p. 52-54).

6 The second grievance dated March 12, 2020, describes an incident between Plaintiff and

C/O Bailey, Lt. Johnson, Nurse Rueter, Dr. Chapman, and Sgt. Wanack that allegedly occurred

on March 9, 2020. (Doc. 69, Exh. 3, p. 66-68).

additional information including the Counselor, Grievance Officer, and Chief

Administrative Officer’s (“CAO”) response. See, e.g., id. at p. 86.

B. Grievances Filed by Plaintiff that Received a Grievance Number

1. Grievance No. 584-03-20

Plaintiff filed Grievance No. 584-03-20 on March 2, 2020. (Doc. 69, Exh. 3, p. 39). In

the Grievance, Plaintiff claimed that Defendants Rueter, Myers, and Blum denied him

access to “dental care and medical care . . . [at] the Health Care Unit (“HCU”)” in

retaliation for him filing grievances about the HCU staff. Id. at p. 40. The specific medical

issues Plaintiff grieved included “bleeding swollen pus-filled gums, toothaches,

headaches, rashes, skin tearings, boils, pus filled blisters . . . swelling, skin redness, rashes,

sores bleeding and other health issues with daily ongoing pain and suffering.” Id. The

Counselor received Plaintiff’s Grievance on March 9, 2020. Id. at p. 39. On March 12, 2020,

the Counselor noted that “the grievance officer [had] reviewed [Plaintiff’s] grievance

history for the past six months and . . . found that 27 out of 27 grievances [had] been

responded to . . . [and Plaintiff’s] grievance [was] unsubstantiated.” Id. The ARB received

the Grievance on March 19, 2020. Id. at p. 38. On June 25, 2020, the ARB returned the

Grievance and requested that Plaintiff supply it with responses from the Grievance

Officer and CAO. Id.

2. Grievance No. 841-03-20

Plaintiff submitted Grievance No. 841-03-20 as an emergency on March 25, 2020.

(Doc. 69, Exh. 3, p. 36). In the Grievance, Plaintiff named Defendants Rueter, Blum, and

Myers claiming that they denied him medical care for “rashes, pus filled blisters on his

body, daily itches, etc. health issues which all been going on for almost a year.” Id. at p.

36-37. Plaintiff also mentioned that he was “dealing with headaches, pains throughout

the body, respiratory (chest) issues pains etc. illness the facility dentist is aware of all

this.” Id. at p. 36. On March 27, 2020, the CAO determined that the Grievance was

emergent. Id. at p. 36. On March 30, 2020, the Grievance Officer responded finding that

Plaintiff did not provide dates when the incident occurred. Id. at p. 35. The Grievance also

failed to meet Department Rule 504F. Id. Accordingly, the Grievance Officer did not

review the Grievance on the merits. Id. The CAO concurred with the Grievance Officer’s

determination on April 1, 2020. Id. Plaintiff then appealed the Grievance to the ARB on

April 6, 2020. Id. The ARB received Plaintiff’s Grievance on April 10, 2020. Id. at p. 34. On

September 1, 2020, the ARB returned the Grievance indicating that Plaintiff had “failed

to meet DR504.810. Failed to provide dates of incident.” Id.

3. Grievance No. 2885-12-20

Plaintiff submitted Grievance No. 2885-12-20 as an emergency on December 14,

2020. (Doc. 69, Exh. 2, p. 34). In the Grievance, Plaintiff complained about the grievance

process. Id. at p. 34-35. On December 15, 2020, the Counselor reviewed Plaintiff’s

Grievance and indicated that “all grievances submitted by grievant have been processed

according to policy and procedure . . . [c]urrently there are no open grievances for the

dates cited by grievant.” Id. at p. 34. On December 16, 2020, the CAO determined that

Plaintiff’s Grievance was non-emergent. Id. The Grievance Officer received Plaintiff’s

Grievance on January 14, 2021. Id. at p. 32. On February 2, 2021, the Grievance Officer

completed the review and noted the following: “[b]ased upon a review of all available

information and staff interview, [Plaintiff’s allegations were] unable to [be]

substantiate[d] . . . I recommend that the grievance be denied.” Id. The CAO concurred

with the Grievance Officer’s determination on February 3, 2021. Id. Plaintiff appealed the

Grievance to the ARB on February 22, 2021. Id. The ARB received Plaintiff’s Grievance on

February 25, 2021. Id. at p. 31. The ARB denied the Grievance on May 10, 2021, concluding

that “the issues . . . [could] not be substantiated as offender provides no dates.” Id.

4. Grievance No. 6-1-21

Plaintiff submitted Grievance No. 6-1-21 as an emergency on January 3, 2021. (Doc.

69, Exh. 3, p. 14). On January 5, 2021, the CAO deemed the Grievance as emergent. Id. In

the Grievance, Plaintiff claimed that on December 26-27, 2020, a Jane Doe nurse would

not assist him with complaints of chest pain, shortness of breath, or headaches. Id. at p.

14-15. Plaintiff later recounted an incident that occurred on December 29, 2020, during

which an unnamed female nurse claimed that the “NP and MD that was on duty that

date told her they wasn’t proscribing me no blood pressure medication that I will have

to work with life skills but I will receive blood pressure checks twice a week.” Id. at p. 15.

On January 4, 2021, the Grievance Officer received the Grievance and completed the

review on March 26, 2021. Id. at p. 12. After speaking with the HCU administrator, the

Grievance Officer concluded that the Grievance should be denied. Id. at p. 12-13. On

March 29, 2021, the CAO concurred with this determination. Id. at p. 12. Plaintiff appealed

to the ARB on March 30, 2021. Id. The ARB received Plaintiff’s Grievance on April 2, 2021,

and it denied the Grievance on the merits on April 9, 2021. (Doc. 69, Exh. 3, p. 11).

5. Grievance No. 40-1-21

Plaintiff submitted Grievance No. 40-1-21 on January 3, 2021, grieving issues

relating to staff misconduct. (Doc. 69, Exh. 2, p. 74). In the Grievance, Plaintiff noted that

“on the above date” that “Officer Blaylock stated that he and C/Os Schlott and Jurkowski

had it out for me and that they knew that my blood pressure was elevated have spoken

to nurses who disliked me and have made it where I didn’t at this time get blood pressure

checks nor medication for my blood pressure.” Id. at p. 75. The Counselor received

Plaintiff’s Grievance on January 4, 2021. Id. at p. 74. The Counselor denied the Grievance

on January 27, 2021, for failing to provide dates on which the alleged incident occurred.

Id. The Grievance Officer received Plaintiff’s Grievance on January 29, 2021. Id. at p. 73.

The Grievance Officer denied the Grievance on February 22, 2021, because Plaintiff did

not provide specific dates. Id. The CAO concurred with the Grievance Officer’s decision

on February 22, 2021. Id. Plaintiff appealed the Grievance on February 23, 2021. Id. The

ARB received Plaintiff’s Grievance on April 5, 2021. Id. at p. 72. The ARB denied it on

May 6, 2021, finding that “the issue was appropriately addressed by facility

administration.” Id.

6. Grievance No. 115-01-21

Plaintiff submitted Grievance No. 115-01-21 on January 7, 2021. (Doc. 69, Exh. 5, p.

50-53). In the Grievance, Plaintiff discussed his elevated blood pressure – noting that

Bartolotti was aware of this condition. (Doc. 69, Exh. 6, p. 4). Further, Plaintiff alleged that

his grievances were not returned to him by Wall, Baker, Shirley, Wangler, Hankins, Bell,

Jurkowski, Schlott, Rodman, Rich, Bailey, Bartolotti, and others in retaliation for filing so

many grievances. (Doc. 69, Exh. 6, p. 4). The Counselor received Plaintiff’s Grievance on

January 8, 2021. Id. at p. 1. The Counselor denied it on January 27, 2021, because the “only

date cited d[id] not meet the 60-day time frame set forth by DR504.” Id. Plaintiff’s

Grievance was received by the Grievance Officer on January 29, 2021. (Doc. 69, Exh. 5, p.

40). On February 22, 2021, the Grievance Officer recommended that the Grievance be

denied because “offender failed to meet DR 504.810.” Id. The CAO concurred on

February 23, 2021. Id. Plaintiff appealed the Grievance on February 25, 2021. (Doc. 69,

Exh. 2, p. 49). The ARB received the Grievance on March 1, 2021, and it was denied on

May 6, 2021. Id. at p. 48.

7. Grievance No. 158-01-21

Plaintiff submitted Grievance No. 158-01-21 as an emergency on January 8, 2021.

(Doc. 69, Exh. 2, p. 25). In the Grievance, Plaintiff recalled Sergeant O’Leary telling him

he wasn’t coming out of his cell for a blood pressure check after he attempted to get a

nurse’s attention for treatment. He requested that the nurse report Sergeant O’Leary for

staff misconduct. Id. The nurse reportedly told Plaintiff that she would not report O’Leary

because she couldn’t be a “snitch.” Id. at p. 26. Plaintiff further reported that he was

experiencing “breathing issues, blurred vision, headaches, chest pain, and shortness of

breath.” Id.

On January 13, 2021, the CAO determined that the Grievance was non-emergent.

Id. On January 21, 2021, the Counselor reviewed the Grievance and concluded that it did

not meet DR 504.810 because the “date when [the] incident occurred was not cited by

[the] offender.” (Doc. 69, Exh. 2, p. 25). The Grievance Officer received the Grievance for

review on January 29, 2021. Id. at p. 24. On February 22, 2021, the Grievance Officer

recommended the Grievance be denied for failure to comply with DR 504.810. Id. On the

same date, the CAO concurred with the recommendation. Id. Plaintiff appealed the

Grievance to the ARB on February 23, 2021. The ARB received the Grievance on March 5,

2021. Id. at p. 23. The ARB denied the Grievance on May 20, 2021, concluding that the

issue was appropriately addressed by the facility administration.7 Id.

8. Grievance No. 279-01-21

Plaintiff filed Grievance No. 279-01-21 as an emergency on January 20, 2021. (Doc.

69, Exh. 2, p. 20-22). On January 26, 2021, the CAO determined that Plaintiff’s Grievance

was non-emergent. Id. at p. 20. In the Grievance, Plaintiff claimed that Nurse Patterson

informed him that the only reason she was checking his blood pressure was because there

were cameras in the cell house to prove whether she did his blood pressure check. (Doc.

69, Exh. 2, p. 21). Plaintiff also claimed he was not getting his blood pressure medication.

7 Included in the documentation for Grievance No. 158-01-21 are emails between Ann Lahr

from the Grievance Office at Pinckneyville and Shayne Mercier from Field Services at

Pinckneyville dated May 6, 2021, and May 14, 2021. (Doc. 69, Exh. 2, p. 27-28). A memorandum

from Sergeant O’Leary denying the allegations was also attached to the emails. Id. at p. 29.

Further, in the May 6, 2021, email, Ms. Lahr noted the following regarding the denial of

Grievance No. 158-01-21:

I am reviewing grievance No. 158-01-21, where he makes allegations against Sgt.

O’Leary. Tour 2/22/21 response states that he failed to provide any dates within

the body of the grievance that comply with the 60-day time frame set by DR

504.810

However, the way I am reading it, “On the above date at the above named facility

named grievant encountered Sergeant O’Leary while being on unit wing R3C as

the nurse did in house insulin line” provides the date of 1/8/21.”

Id. The Grievance Officer received the Grievance on January 25, 2021. Id. at p. 18. The

Grievance Officer denied it on February 22, 2021. Id. The CAO concurred with the denial

on April 22, 2021. Id. Plaintiff appealed the Grievance to the ARB on May 6, 2021. Id. The

ARB received Plaintiff’s Grievance on May 10, 2021. Id. at p. 17. The ARB denied it on

June 22, 2021, concluding that the issue was appropriately addressed by facility

administration. Id.

9. Grievance No. 292-01-21

Plaintiff filed Grievance No. 292-01-21 on January 24, 2021. (Doc. 69, Exh. 2, p. 57-

58). In the Grievance, Plaintiff noted that he suffers from elevated blood pressure, suicidal

depression, migraine headaches, and chest pain. Id. at p. 58. Plaintiff only named Sergeant

Bartolotti and C/O Blaylock in relation to these concerns. Id. Plaintiff also noted that

Myers was aware that Blaylock had threatened Plaintiff on January 24, 2021. Plaintiff

reported that Blaylock threatened to prevent him from seeing a tele psychiatrist if he told

the psychiatrist he needed to be re-prescribed mental health medication. Id. at p. 57-58.

The Counselor reviewed Plaintiff’s Grievance on January 25, 2021. Id. at p. 57. On January

27, 2021, the Counselor referred the Grievance to Mental Health Services because of

Plaintiff’s complaints about suicidal depression. Id. The Grievance Officer received the

Grievance on January 29, 2021. Id. at p. 55. On February 22, 2021, the Grievance Officer

recommended the Grievance be denied as Plaintiff had spoken with a Mental Health

Professional daily from January 25th to January 27th, while he was on crisis watch. Id. The

CAO concurred with this determination on February 22, 2021. Id. Plaintiff appealed the

Grievance to the ARB on February 23, 2021. Id. The ARB received Plaintiff’s Grievance on

March 5, 2021. Id. at p. 54. The ARB denied it on May 6, 2021, concluding that the issue

was appropriately addressed by the facility administration. Id.

10. Grievance No. 345-01-21

Plaintiff filed Grievance No. 345-01-21 on January 27, 2021. (Doc. 69, Exh. 2, p. 68-

69). In the Grievance, Plaintiff asserted that C/O Brock informed him that C/O Hermann,

who had escorted Plaintiff to R3 House, told him that he was aware of Plaintiff’s elevated

blood pressure and that Dr. Myers had prescribed him with medication to control his

blood pressure. Id. Plaintiff further asserted that C/O Brock had informed his team in R3

house to make sure Plaintiff did not have access to his blood pressure medications. Id.

The Counselor received Plaintiff’s Grievance on January 28, 2021. Id. At p. 68. The

Counselor denied it as unsubstantiated on January 29, 2021. Id. The Grievance Officer

received Plaintiff’s Grievance on February 25, 2021. Id. at p. 67. It was likewise denied as

unsubstantiated on March 16, 2021. Id. The CAO concurred with the Grievance Officer’s

determination on March 17, 2021. Id. Plaintiff appealed to the ARB on March 19, 2021. Id.

The ARB received Plaintiff’s Grievance on March 24, 2021. Id. at p. 66. The ARB denied it

on May 6, 2021, concluding that the issue was properly addressed by facility

administration. Id.

11. Grievance No. 364-02-21

Plaintiff filed Grievance No. 364-02-21 as an emergency on January 30, 2021.

(Doc.69, Exh. 3, p. 25-26). In the Grievance, Plaintiff complained about not receiving his

prescribed blood pressure checks on January 27th and 28th. Id. at p. 26. Plaintiff further

grieved that C/O Blaylock made him flush the blister packs of blood pressure medication

that he received on January 27th. Id. On February 3, 2021, the CAO determined that

Plaintiff’s Grievance was emergent. (Doc. 69, Exh. 3, p. 25). The Grievance Office received

the Grievance on February 1, 2021, and it was reviewed on February 25, 2021. Id. at p. 23.

After receiving information from the Health Care Unit Administrator regarding

Plaintiff’s allegations, the Grievance Officer recommended that Plaintiff’s Grievance be

denied. Id. at p. 23-24. The CAO concurred with this determination on March 6, 2021. Id.

On March 2, 2021, Plaintiff appealed the Grievance to the ARB. Id. The ARB received

Plaintiff’s Grievance on March 5, 2021. Id. at p. 22. The ARB denied the Grievance on

March 23, 2021, concluding that the issue was appropriately addressed by the facility

administration. Id.

12. Grievance No. 369-02-21

Plaintiff filed Grievance No. 369-02-21 on January 30, 2021. (Doc. 69, Exh. 2, p. 39-

40). In the Grievance, Plaintiff complained about inadequate dental care. Id. Plaintiff

noted that he saw Dr. Myers on January 27, 2021. Id. at p. 40. Plaintiff told him about his

dental issues, but Myers reportedly refused to forward Plaintiff’s concerns to dental staff

or provide him with ibuprofen for pain relief. Id. The Grievance Office received Plaintiff’s

Grievance on February 1, 2021. Id. at p. 37. On February 25, 2021, the Grievance Officer

recommended that it be denied. Id. The CAO concurred with the Grievance Officer’s

determination on March 1, 2021. Id. On March 2, 2021, Plaintiff appealed the Grievance

to the ARB. Id. The ARB received Plaintiff’s Grievance on March 5, 2021. The ARB denied

it as moot on May 7, 2021, finding that “offender was seen by dental as soon as he was

off quarantine. He is scheduled to be seen 5/7/21 for a dental extraction. Staff misconduct

allegations were not substantiated.” (Doc. 69, Exh. 2, p. 36).

13. Grievance No. 431-02-21

Plaintiff filed Grievance No. 431-02-21 as an emergency on February 8, 2021. (Doc.

69, Exh. 3, p. 20-21). In the Grievance, Plaintiff alleged that Lt. Johnson, Sgt. Porter, C/O

Lueker, C/O Pestka, and C/O Blaylock told him that they had told medical staff not to

provide him with blister packs of his prescribed blood pressure medication. Id. at p. 21.

Plaintiff also claimed that Nurse Patterson stated that she knew he was prescribed blood

pressure medication that would lower his blood pressure for a year and that she was

asked by security staff to make sure he did not receive it. Id. On February 8, 2021, the

CAO determined that Plaintiff’s Grievance was emergent. Id. at p. 21. The Grievance

Office received Plaintiff’s Grievance on February 8, 2021. Id. at p. 18. On March 11, 2021,

the Grievance Officer reviewed the Grievance and recommended that it be denied. Id.

The CAO concurred with the recommendation on March 12, 2021. Id. Plaintiff appealed

the Grievance to the ARB on March 16, 2021. Id. The ARB received Plaintiff’s Grievance

on March 19, 2021. Id. at p. 17. The ARB denied it on March 24, 2021, concluding that the

issues were appropriately addressed by the facility administration; the allegations of staff

misconduct could also not be substantiated. Id.

14. Grievance No. 424-02-21

Plaintiff filed Grievance No. 424-02-21 on February 8, 2021. (Doc. 69, Exh. 2, p. 15-

16). In the Grievance, Plaintiff complained about being denied access to his medical

records. Id. Plaintiff also noted that C/O Cacioppo stated that she told all the nurses to

destroy his sick call slips regarding elevated blood pressure. Id. at p. 16. The Grievance

Office received Plaintiff’s Grievance on February 8, 2021. Id. at p. 13. On August 11, 2021,

the Grievance Officer reviewed the Grievance and recommended that it be denied as

moot because “grievant [wa]s no longer at PNK CC.” Id. On August 12, 2021, the CAO

concurred with the Grievance Officer’s recommendation. Id. Plaintiff then appealed the

Grievance to the ARB on September 2, 2021. Id. The ARB received Plaintiff’s Grievance

on September 7, 2021. Id. at p. 12. On November 4, 2021, the ARB denied the Grievance

as moot because “Hoskins has[d]been transferred to another facility.” Id.

15. Grievance No. 422-02-21

Plaintiff filed Grievance No. 422-02-21 on February 9, 2021. (Doc. 69, Exh. 2, p. 45-

47). In the Grievance, Plaintiff noted that an unidentified white heavy-set nurse denied

him Tylenol and his blood pressure medication. Id. at p. 46-47. The Grievance Office

received Plaintiff’s Grievance on February 9, 2021. Id. at p. 43. On March 11, 2021, the

Grievance Officer reviewed the Grievance and concluded that it should be denied. Id. The

CAO concurred with the Grievance Officer’s recommendation on March 12, 2021. Id.

Plaintiff appealed the Grievance to the ARB on March 16, 2021. Id. The ARB received

Plaintiff’s Grievance on March 19, 2021. Id. at p. 42. The ARB denied it on May 6, 2021,

concluding that the facility addressed the issue appropriately. Id.

16. Grievance No. 469-02-21

Plaintiff submitted Grievance No. 469-02-21 on February 11, 2021. (Doc. 69, Exh. 2,

p. 80-81). In the Grievance, Plaintiff claimed that several of his grievances were destroyed

by Counselor Hellman. Id. at p. 81. Plaintiff also asserted that C/Os Bailey, Blaylock,

Brock, Pestka, Cacioppo, Sgt. Bartolotti, and numerous other non-defendants prevented

him from getting blood pressure checks. Id. The Counselor received Plaintiff’s Grievance

on February 11, 2021. Id. at p. 80. On February 17, 2021, the Counselor reviewed the

Grievance and noted that Plaintiff’s complaints had been answered. Id. The Grievance

Office received Plaintiff’s Grievance on February 18, 2021. Id. at p. 78. On March 8, 2021,

the Grievance Officer reviewed Plaintiff’s Grievance and recommended that it be denied

due to “Counselor Hallman’s denial of the allegations against him.” Id. The CAO

concurred with the Grievance Officer’s recommendation on March 10, 2021. Id. Plaintiff

appealed the Grievance to the ARB on March 12, 2021. Id. The ARB received Plaintiff’s

Grievance on March 17, 2021. Id. at p. 77. The ARB denied it on May 5, 2021, concluding

that the issue was appropriately addressed by the facility administration. Id.

17. Grievance No. 474-02-21

Plaintiff filed Grievance No. 474-02-21 as an emergency on February 16, 2021. (Doc.

69, Exh. 3, p. 7-10). In the Grievance, Plaintiff alleged that between December 2020 and

February 2021, C/Os Bailey, Blaylock, Brock, Cacioppo, Hankins, Pestka, Sgt. Bartolotti,

and numerous others prevented Plaintiff from receiving blood pressure checks. Id. at p.

8. Plaintiff further noted that Dr. Myers had prescribed him blood pressure medication

for one year. Id. The CAO determined that Plaintiff’s Grievance was emergent on

February 17, 2021. Id. at p. 7. The Grievance Office received Plaintiff’s Grievance on that

same date. Id. at p. 5. On March 31, 2021, the Grievance Officer reviewed the Grievance

and recommended that it be denied. Id. The CAO concurred with the Grievance Officer’s

recommendation on April 1, 2021. (Doc. 69, Exh. 3, p. 5). Plaintiff appealed the Grievance

to the ARB on April 2, 2021. Id. The ARB received the Grievance on April 7, 2021. Id. at p.

4. The ARB denied it on April 13, 2021, because Plaintiff’s allegations were

unsubstantiated. Id.

18. Grievance No. 511-02-21

On February 18, 2021, Plaintiff filed Grievance No. 511-02-21 regarding his access

to religious services. (Doc. 69, Exh. 2, p. 62-65). Plaintiff alleged that Rueter “used the

security staff to restrict [him] from practicing [his] religious faith and belief.” Id. at p. 63.

Plaintiff also alleged that C/Os Brock, Bailey, Cacioppo, Pestka, and Blaylock – among

others - had been involved in obstructing Plaintiff’s receipt of responses to his grievances.

Id. On February 19, 2021, the Counselor received Plaintiff’s Grievance, and on February

22, 2021, the Counselor concluded that it should be denied. Id. at 62, 64. The Counselor

reasoned that Nurse Rueter was not at the facility on the date of the alleged incident and

Plaintiff’s Grievances had been returned to him. Id. The Grievance Officer received

Plaintiff’s Grievance on February 23, 2021. Id. at p. 60. On March 15, 2021, the Grievance

Officer recommended that it be denied. Id. The CAO concurred with the Grievance

Officer’s determination on March 17, 2021. Id. Plaintiff appealed the Grievance to the ARB

on March 19, 2021. Id. The ARB received Plaintiff’s Grievance on March 24, 2021. Id. at p.

59. The ARB denied it on May 6, 2021, concluding that the issue was addressed

appropriately by facility administration. Id.

19. Grievance No. 193-01-21

On January 14, 2021, Plaintiff filed Grievance No. 193-01-21 relating to staff

conduct. (Doc. 69, Exh. 3, p. 30-33). The Counselor denied the Grievance on January 27,

2021, concluding that a date was not cited by Plaintiff. Id. at p. 30. The Grievance Officer

recommended that it be denied, and the CAO concurred with that recommendation on

February 24, 2021. Id. at p. 28. When Plaintiff appealed the Grievance to the ARB, he

included a letter addressed to the ARB dated February 26, 2021. Id. at p. 32. In the letter,

Plaintiff alleged that LPN Patterson denied him his blood pressure medication and

indicated that there was a collective “set up” amongst staff at Pickneyville to deny

Plaintiff access to the medication. Id. He also noted that “C/Os Pestka, Blaylock, Hankins,

Sergeant Bartolotti, Sergeant Mr. Porter, Lieutenants Petitjean, Johnson and C/O Schlott

and other security staff [were] involved as well.” Id. at p. 33. On March 3, 2021, the ARB

received the Grievance. Id. at p. 27. The ARB denied it on March 8, 2021, noting that the

grievance failed to meet Department Rule 504.810. Id.

20. Grievance No. 1884-08-20

Plaintiff filed Grievance No. 1884-08-20 on August 3, 2020. (Doc. 69, Exh. 6, p. 28-

29). In the Grievance, Plaintiff complained about the grievance process. Id. Plaintiff noted

that he had previously submitted grievances regarding denial of medical care from

Myers, Blum, and Rueter. The Counselor responded to Plaintiff’s Grievance on August

12, 2020, noting that “dates when incident occurred was not cited by offender . . . Grievant

will need to submit a new grievance.” Id. at p. 28. The Grievance was not submitted to

the Grievance Officer for second level review. (Doc. 69, Exh. 1, p. 1).

21. Grievance No. 1735-07-20

Plaintiff filed Grievance No. 1735-07-20 on July 14, 2020. (Doc. 69, Exh. 6, p. 30-31).

In the Grievance, Plaintiff asserted that he never received responses back for grievances

concerning staff misconduct that he submitted in May, June, and July of 2020. Id. at p. 31.

Plaintiff named RN Rueter as one of the individuals he had grieved about. Id. On July 16,

2020, the Counselor indicated that “dates when incident occurred was not cited by

offender . . . Grievant will need to submit a new grievance.” Id. at p. 30. The Grievance

was not submitted for second level review. (Doc. 69, Exh. 1, p. 1).

22. Grievance No. 1660-07-20

Grievance No. 1660-07-20 was filed by Plaintiff on July 6, 2020. (Doc. 69, Exh. 6, p.

32-33). Plaintiff grieved about his lack of access to the grievance process, noting that he

had previously submitted grievances about the conduct of Myers, Blum, and Rueter. Id.

at p. 33. Plaintiff also noted that staff members prevented him from receiving his

prescribed psychotropic medications. Id. On July 9, 2020, the Counselor reviewed

Plaintiff’s Grievance concluding that “dates when incident occurred was not cited by

offender . . . Grievant will need to submit a new grievance.” Id. at p. 32. The Grievance

was not submitted for second level review. (Doc. 69, Exh. 1, p. 1).

23. Grievance No. 1254-05-20

On May 5, 2020, Plaintiff filed Grievance No. 1254-05-20 relating to problems with

the grievance process. (Doc. 69, Exh. 6, p. 34-35). Plaintiff indicated he sent grievances to

the ARB in March and April of 2020, but he never received a response back. Id. at p. 34.

Plaintiff also noted that the grievances forwarded to the ARB concerned staff misconduct

by Rueter, Blum, Myers, and others. Id. at p. 35. Plaintiff indicated these staff members,

were “not allowing [him to] receive [his] prescribed psychotropic medications, hygiene

products, medical care, other human necessities, . . . pain medications etc.” Id. On May 8,

2020, the Counselor responded noting that “this is a duplicate grievance to grievance #

112-04-20. If the offender is not satisfied with the response to that grievance, he may

forward it for second level review.” Id. at p. 34. The Grievance was not submitted to the

Grievance Officer for second level review. (Doc. 69, Exh. 1, p. 1).

24. Grievance No. 1113-04-20

On April 21, 2020, Plaintiff filed Grievance No. 1113-04-20 relating to his access to

the grievance process in January 2020. (Doc. 69, Exh. 6, p. 36-37). Plaintiff named Myers,

Blum, and Rueter, stating he filed grievances about their conduct. Id. at p. 37. On April

23, 2020, the Counselor responded and noted that “per D/R 504.810 grievance is out of

the 60-day time frame no further review warranted at this time.” Id. at p. 36. The

Grievance was not submitted for second level review. (Doc. 69, Exh. 1, p. 1).

25. Grievance No. 1112-04-20

Plaintiff filed Grievance No. 1112-04-20 on April 20, 2020. (Doc. 69, Exh. 6, p. 38-

39). In the Grievance, Plaintiff indicated he submitted a grievance dated March 25, 2020,

to the ARB concerning dental and medical staff misconduct, but he never received a

response. Id. at p. 38-39. Plaintiff noted that the grievance named Rueter. Id. at p. 39. On

April 23, 2020, the Counselor responded indicating that “if Plaintiff submitted said

grievances to the ARB for review via USPS the ARB will review, and return said

grievances to the offender . . . the facility has no control or jurisdiction over USPS. No

further review warranted at this time.” Id. at p. 38. The Grievance was not submitted for

second level review. (Doc. 69, Exh. 1, p. 1).

C. Testimony During the June 14th and July 31st Motion Hearings

Plaintiff and Defendants supplied the Court with witness testimony at the June

14th and July 31st hearings on Defendants’ Motions for Summary Judgment. A summary

of the testimony is included below.

1. Jennifer Shaw

Ms. Shaw has served as a correctional counselor for three years. She testified

regarding the grievance procedure process in IDOC facilities. Shaw noted that when an

inmate transfers to another facility, the new facility cannot address grievances related to

staff misconduct that occurred at the inmate’s old facility. However, Shaw did note that

the new facility can address medical and personal property grievances that occurred at

an inmate’s prior facility. Accordingly, Shaw noted that such grievances should not be

sent directly to the ARB for review but should be filed at the facility level.

2. Amanda Adams

Ms. Adams has served as a correctional officer for five years. She testified

regarding her personal interactions with Plaintiff, as well as her knowledge of the IDOC

grievance process. Ms. Adams noted that she did not recognize Hoskins. Adams also

indicated that she had never collected mail from inmates to go into the mail or grievance

boxes. She further testified that if she were asked by an inmate to place a grievance in the

grievance box for them that she would refuse to do so because inmates are responsible

for placing their grievances in the grievance box. However, Adams stated that

correctional officers may distribute grievance forms to inmates.

3. Annette Shirley

Ms. Shirley worked at Pickneyville for twelve years. She served as a Lieutenant at

the facility. Shirley indicated that if she saw a grievance on the floor in the facility, she

would return it to the inmate if the grievance was filled out. However, Shirley also noted

she would not read the grievance in detail. She would only read the grievance to identify

where the grievance needed to go. Ms. Shirley testified that she did not recall ever finding

a grievance completed by Plaintiff on the ground. Shirley also noted that she never

collected mail from inmates or placed grievances in the grievance box for them.

4. Ryan A. Kilduff

Mr. Kilduff works for the ARB. Mr. Kilduff noted that the treatment of an inmate’s

grievance depends on how the inmate marked the grievance form. If an inmate marks a

grievance as a medical issue and staff misconduct, the ARB will try to address both issues.

Kilduff noted that only certain kinds of grievances can be sent directly to the ARB. This

includes grievances concerning protective custody and issues from an inmate’s prior

facility. However, excepted from that are personal property or medical care at an inmate’s

prior facility, which means the current facility should handle those issues. Kilduff also

testified that a grievance regarding receipt of high blood pressure medication would need

to be filed at the inmate’s current facility. Kilduff stated that an inmate cannot submit

grievances directly to the ARB simply because he or she is unhappy with the responses

received from past grievances at the facility level. Lastly, Kilduff reported that he was not

aware of a grievance form shortage at Dixon Correctional Center in the Spring of 2021

and that the ARB received 25 grievances from Plaintiff between February and May of

2021.

5. Joshua Hoskins

Plaintiff testified that he is familiar with the IDOC grievance process. He noted

that the case at issue concerns allegations of denial of treatment for his blood pressure

from February 1, 2020, to April 13, 2021. Plaintiff stated that he was prescribed blood

pressure medication beginning in January 2021 after he was diagnosed with elevated

blood pressure in December 2020. However, he indicated that he was experiencing

symptoms of high blood pressure including headaches and chest pains prior to receiving

the prescription for high blood pressure medication. Plaintiff also indicated that staff

personnel were preventing him from seeking medical care for these symptoms. Plaintiff

stated that he historically had difficulties getting certain counselors to process his

grievances. He acknowledged that in the past, courts have not found his allegations

against counselors credible.

LEGAL STANDARDS

Summary judgment is proper when a moving party demonstrates that the record

cannot establish the presence of a genuine dispute of material fact. See FED. R. CIV. PROC.

56(a). To survive a motion for summary judgment, the non-moving party must provide

admissible evidence which would allow a reasonable jury to find in its favor. See Maclin

v. SBC Ameritech, 520 F.3d 781, 786 (7th Cir. 2008). Generally, the Court’s role in

determining the outcome of a motion for summary judgment is not to evaluate the weight

of the evidence, judge witness credibility, or determine the truth of the matter. Instead,

the Court’s role is to determine whether a genuine issue of material fact exists. See National

Athletic Sportswear, Inc. v. Westfield Ins. Co., 528 F.3d 508, 512 (7th Cir. 2008). However, in

Pavey v. Conley, the Seventh Circuit held that “debatable factual issues relating to the

defense of failure to exhaust administrative remedies “are not required to be decided by

a jury but are to be determined by the judge.” 544 F.3d 739, 740-741 (7th Cir. 2008).

Therefore, the Court must evaluate whether an inmate has exhausted administrative

remedies when the affirmative defense of non-exhaustion is raised. If the Court

determines that an inmate did not exhaust administrative remedies, the plaintiff is given

the opportunity to exhaust should time still permit or if the failure to exhaust was

innocent.8 Id. at 742. Alternatively, if the Court determines that the failure to exhaust was

the plaintiff’s fault, the case is over. Id.

Under the Prison Litigation Reform Act (“PLRA”), which governs lawsuits filed

by inmates, “no action shall be brought with respect to prison conditions under § 1983 of

this title, or any other Federal Law, by a prisoner confined in any jail, prison or other

correctional facility until such administrative remedies as are available are exhausted.”

42 U.S.C. § 1997e(a) (emphasis added). When attempting to exhaust administrative

remedies, prisoners must follow their prison’s administrative rules. See Pozo v.

McCaughtry, 286 F.3d 1022, 1023 (7th Cir. 2002). As an inmate who was confined in the

IDOC, Plaintiff was required to follow the regulations contained in the IDOC’s Grievance

8 Pavey provides that an “innocent” failure to exhaust includes situations where prison

officials prevent prisoners from pursuing exhaustion of their administrative remedies. 544 F.3d

at 742. Further, if an inmate submits a grievance and does not receive a response, the inmate’s

attempts at exhaustion will be deemed thwarted, and the inmate will be allowed to proceed with

the lawsuit. See, e.g., Walker v. Sheahan, 526 F.3d 973, 979 (7th Cir. 2008) (noting that an inmate is

not required to appeal his grievance if he submits the grievance to the proper authorities but

never receives a response); Dole v. Chandler, 438 F.3d 804, 809 (7th Cir. 2006) (indicating that a

remedy can be unavailable to a prisoner if the prison does not respond to the grievance or uses

misconduct to prevent a prisoner from exhausting his remedies).

Procedures for Offenders (“IDOC Grievance Procedures”) to properly exhaust his claim.

See 20 ILL. ADMIN. CODE § 504.800, et seq. The Seventh Circuit requires strict adherence to

a prison’s grievance procedures to satisfy the exhaustion requirement under the PLRA.

See Dole v. Chandler, 438 F.3d 804, 809 (7th Cir. 2006). Accordingly, a prisoner cannot

satisfy the exhaustion requirement by filing untimely or otherwise procedurally defective

grievances. See Woodford v. Ngo, 548 U.S. 81, 83 (2006). Nor may a prisoner file a lawsuit

while he or she is simultaneously proceeding through the prison’s grievance process. See

Ford v. Johnson, 362 F.3d 395, 398 (7th Cir. 2004). Consequently, if a prisoner fails to use a

prison’s grievance process properly, “the prison administrative authority can refuse to

hear the case, and the prisoner’s claim can be indefinitely unexhausted.” Dole, 438 F.3d at

809.

This result comports with the PLRA’s statutory purpose of “afford[ing] corrections

officials the time and opportunity to address complaints internally before allowing the

initiation of a federal case.” Begolli v. Home Depot U.S.A., Inc., 701 F.3d 1158, 1161 (7th Cir.

2012) (quoting Porter v. Nussle, 534 U.S. 516, 524-525 (2002)). Additionally, the exhaustion

requirement provides prison administrations an opportunity to fix the problem, to reduce

damages, and to shed light on the factual disputes that may arise in litigation. See Pozo,

286 F.3d at 1023-24. Grievances are not intended “to put individual defendants on notice

of a lawsuit” but rather serve to alert prison officials of issues affecting inmates. Glick v.

Walker, No. 09-2472, 385 Fed. Appx. 579, 582 (7th Cir. July 13, 2010). Therefore, an inmate’s

failure to explicitly name defendants in a grievance is not fatal to exhaustion so long as

the “grievance serve[s] its function by providing prison officials a fair opportunity to

address [the] complaint.” Maddox v. Love, 655 F.3d 709, 722 (7th Cir. 2011). See also Jones v.

Bock, 549 U.S. 199, 219 (2007) (explaining that “exhaustion is not per se inadequate simply

because an individual later sued was not named in the grievances”). Instead, an inmate

is only required to “articulat[e] what facts the prison could reasonably expect from a

prisoner in [his or her] position.” Glick, 385 Fed. Appx. at 582 (highlighting that an inmate

“need identify names only to the extent practicable”).

To initiate the grievance process, the IDOC Grievance Procedures first require that

inmates file a grievance with a counselor at their correctional institution within 60 days

of the discovery of an incident. See 20 ILL. ADMIN. CODE § 504.810(a). In the grievance, the

prisoner must provide: “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.” Id. at (c). Nonetheless, an inmate is not

“preclude[d] from filing a grievance when the names of individuals are not known, but

the offender must include as much descriptive information about the individual as

possible.” Id.

Should the inmate not be satisfied with the counselor’s response, the inmate can

then submit a formal grievance to the prison’s grievance officer. See 20 ILL. ADMIN. CODE

§ 504.810(a)-(b). The grievance officer must review the grievance and provide a written

response to the inmate. See 20 ILL. ADMIN. CODE § 504.830(a). Within 60 days of receipt of

the grievance, when reasonably feasible under the circumstances, the grievance officer

must report his or her findings and recommendations in writing to the Chief

Administrative Officer (“CAO”). See id. at (e). The CAO shall review the findings and

recommendations from the grievance officer and advise the inmate of the decision in

writing. Id. If the inmate is not satisfied with the CAO’s decision, the inmate can then

formally appeal to the Director through the ARB within 30 days of the CAO’s decision.

See ILL. ADMIN. CODE § 504.850(a). The inmate must attach copies of the grievance officer’s

report and the CAO’s decision to the appeal. See id. The ARB then submits its written

recommendation to the Director, who is responsible for issuing the IDOC’s final decision

within six months. See id. at (d)–(e).

DISCUSSION

As two sets of Defendants have submitted Motions for Summary Judgment on the

Issue of Exhaustion of Administrative Remedies, the Court will review the grievances in

relation to each set of Defendants.

A. Exhaustion as to the Wexford Defendants

The Wexford Defendants first note that Plaintiff submitted numerous grievances

directly to the ARB against IDOC procedure and the exhaustion requirements set forth

in the PLRA. (Doc. 69, p. 17); see also 42 U.S.C. § 1997e; 20 ILL. ADMIN. CODE § 504.

Plaintiff’s Grievance Record from Pickneyville shows that the grievances dated February

17, 2020, February 23, 2020, March 1, 2020, March 2, 2020, March 8, 2020, March 10, 2020,

March 10, 2020, March 12, 2020, March 12, 2020, March 15, 2020, March 16, 2020, March

18, 2020, March 19, 2020, March 21, 2020, March 31, 2020, and April 6, 2020, were all

submitted directly to the ARB. Id. at p. 3-5. Plaintiff argues that he submitted these

grievances directly to the ARB in anticipation of being transferred to Dixon because the

grievances concerned Pickneyville staff conduct. However, Plaintiff was not transferred

to Dixon until April 8, 2021. Thus, Plaintiff had time to fully exhaust these issues while

he was housed at Pickneyville. As the Seventh Circuit takes a strict compliance approach

to exhaustion, which requires inmates to follow all grievance rules established by

correctional authorities, Plaintiff has failed to exhaust these grievances because he did

not proceed through the grievance process at the facility level, which he had ample time

to pursue. See Applewhite v. Blum, et al., Case No. 17-cv-1111-JPG-SCW, 2018 WL 6202115,

at *3 (S.D. Ill. Oct. 26, 2018) (citing Dole, 438 F.3d at 809).

Next, the Wexford Defendants point out that three grievances submitted by

Plaintiff have procedural defects that prevent him from exhausting administrative

remedies. The Wexford Defendants argue that Plaintiff failed to exhaust Grievance No.

584-02-20 and an unnumbered grievance dated March 15, 2020, because he submitted

these grievances directly to the ARB without a grievance officer or counselor’s response.

(Doc. 69, p. 18). Defendants also argue that Plaintiff failed to exhaust Grievance No. 841-

03-20 because he failed to include the dates when the alleged incident occurred pursuant

to Department Rule 504. Id.

Regarding Grievance No. 584-02-20 and the unnumbered grievance dated March

15, 2020, Plaintiff was required to comply with Section 504.850(a) when appealing his

grievances to the ARB. Section 504.850(a) states the following:

If, after receiving the response of the Chief Administrative Officer, the

offender still believes that the problem, complaint or grievance has not been

resolved to his or her satisfaction, he or she may appeal in writing to the

Director. The appeal must be received by the Administrative Review Board

within 30 days after the date of the decision. Copies of the Grievance Officer's

report and the Chief Administrative Officer's decision should be attached.

ILL. ADMIN. CODE § 504.850(a) (emphasis added). Plaintiff’s grievance record shows that

Plaintiff did not attach the Grievance Officer’s report or the CAO’s decision to either

Grievance No. 584-02-20 or the unnumbered grievance dated March 15, 2020. The failure

to attach such requested documentation renders these grievances unexhausted. See, e.g.,

Gakuba v. Jeffreys et al., Case No. 19-cv-01081-SMY, 2020 WL 1812408, at *1 (S.D. Ill. Apr.

9, 2020) (noting that to exhaust at the final level of the grievance process, plaintiffs must

attach the grievance officer’s report and CAO’s decision) (citing Pozo, 286 F.3d at 1024).

Accordingly, Plaintiff failed to exhaust his administrative remedies because he failed to

comply with the IDOC grievance procedures.

Turning to Grievance No. 841-03-20, Plaintiff was required to comply with the

grievance submission standards set out in Section 504.810(c). Section 504.810(c) states

that:

The grievance shall 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. This provision does not preclude an offender from filing a

grievance when the names of individuals are not known, but the offender

must include as much descriptive information about the individual as

possible.

ILL. ADMIN. CODE § 504.810(c) (emphasis added). While Plaintiff does not state an

individual date in his grievance, Plaintiff does note that “M.D. Myers, NP Blum and

others . . . [have] been aware of my ongoing health issues but continue to deny me medical

care.” (Doc. 69, Exh. 3, p. 37). This arguably could be enough for Plaintiff to pursue a

continuing violation claim against Myers and Blum. See, e.g., Turley v. Rednour, 729 F.3d

645, 650 (7th Cir. 2013) (finding that when an objectionable condition is continuing,

“prisoners need not file multiple successive grievances raising the same issue” to

exhaust”). However, Plaintiff’s grievance focuses on dental care, mental health care,

hygiene, and respiratory issues. Plaintiff does not complain about being denied medical

care for his elevated blood pressure from Blum, Myers, or Rueter in Grievance No. 841-

03-20. In fact, for example, when Plaintiff complained about his respiratory issues, he

made such complaints with respect to his dentist, who is a non-party. Thus, the facility

was not placed on notice as to the conduct of Blum, Myers, or Rueter in relation to

Plaintiff’s blood pressure treatments. Id. See also Selvie v. Siddiqui, et al., Cause No. 3:20-

cv-00328-GCS, 2021 WL 347836, at *6 (S.D. Ill. Feb. 2, 2021) (concluding that plaintiff had

successfully stated a claim for a continuing violation when the grievance referenced

plaintiff’s ongoing foot pain).

The Court finds that the same line of argument precludes Plaintiff from exhausting

several additional grievances against Blum, Myers, and Rueter. The Defendants point out

that Plaintiff did not name Myers, Blum, or Rueter in

Grievance Nos. 2885-12-20, 6-1-21, 40-1-21, 115-01-21, 158-01-21, 279-01-21, 292-01-21, 431-

02-21, 424-02-21, 469-02-21, and 193-01-21. Similarly, they note that Plaintiff failed to

name Rueter and Blum in Grievance Nos. 345-01-21, 364-02-21, 369-02-21, 422-02-21, 474-

02-21 and only named Myers in the grievance stating that he had previously prescribed

Plaintiff blood pressure medication. Lastly, Defendants point out that Grievance Nos.

369-02-21 and 511-02-21 only concern dental care and access to religious items, neither of

which are claims brought in this lawsuit. Allowing Plaintiff to exhaust these grievances

would directly contradict the PLRA’s statutory purpose, which is to alert the prison to a

wrong such that the prison has a fair opportunity to address the complaint before inmates

file a lawsuit. See Pozo, 286 F.3d at 1023-24; see also Maddox 655 F.3d at 722. Because these

grievances did not put the facility on notice as to the Defendants’ conduct in relation to

Plaintiff’s alleged denial of access to blood pressure treatment, they cannot serve to

exhaust Plaintiff’s administrative remedies.

Grievance Nos. 1884-08-20, 1735-07-20, 1660-07-20, 1254-05-20, 1113-04-20, and

1112-04-20 present a closer call. Each of these grievances do concern the availability of the

grievance process, which is relevant to Count 2 of Plaintiff’s case. However, none of these

grievances indicate that Defendants Myers, Rueter, or Blum had any hand in preventing

Plaintiff from accessing the grievance process in retaliation for filing grievances against

Pickneyville staff. Plaintiff only mentions that he had previously filed grievances against

Myers, Rueter, and Blum for denial of medical care. This is not sufficient to insinuate that

these Defendants prevented Plaintiff’s grievances from being processed. See, e.g., Ross v.

Lamb, Case No. 19-cv-577-DWD, 2021 WL 4820369, at *3 (S.D. Ill. Oct. 15, 2021) (finding

that plaintiff failed to exhaust his administrative remedies because the thrust of the

plaintiff’s grievance did not address the claims at issue in the lawsuit). Moreover, the

Pickneyville Grievance log shows that Plaintiff failed to proceed to the required second

level of review for these grievances. (Doc. 69, Exh. 1, p. 1). According to Section 504.810,

Plaintiff was required to submit his grievances to the Grievance Officer for second level

review to proceed through the IDOC grievance process. ILL. ADMIN. CODE §504.810(a)-

(b). Plaintiff failed to do so with respect to these grievances, and as such they are not

exhausted.

B. Exhaustion as to the IDOC Defendants

As an initial matter, the IDOC Defendants concede that Plaintiff has properly

exhausted several grievances. These include Grievance Nos. 6-1-21,9 345-01-21,10 364-02-

21,11 431-02-21,12 469-02-21,13 and 474-02-21.14 Therefore, the Court will proceed to

analyze the remaining grievances that the IDOC Defendants assert remain unexhausted.

The first grievance that the IDOC Defendants allege remains unexhausted is

Grievance No. 115-01-21. (Doc. 76, p. 13). Defendants assert that the Grievance is not

exhausted because Plaintiff failed to timely follow the grievance procedures outlined in

9 Grievance No. 6-1-20 has been exhausted as to Defendant Brock, whom Plaintiff alleges

was participating in the destruction of his grievances in retaliation for Plaintiff filing previous

lawsuits. (Doc. 76, p. 11).

10 Grievance No. 345-01-21 has been exhausted as to Defendants Bailey, Bartolotti, Brock,

and Hermann who each allegedly told Plaintiff that they would make sure he did not receive his

blood pressure medications in January 2021. (Doc. 76, p. 11).

11 Grievance No. 364-02-21 has been exhausted as to Defendant Blaylock, who allegedly told

Plaintiff that he informed all health care unit staff that Plaintiff should not be given his blood

pressure medications. (Doc. 76, p. 12).

12 Grievance No. 431-02-21 has been exhausted as to Defendants Bartolotti, Blaylock, Lueker,

and Pestka, who each allegedly told Plaintiff between February 3, 2021, and February 5, 2021, that

they had instructed staff to make sure Plaintiff did not receive his blood pressure medication in

retaliation for him previously filing grievances and lawsuits against staff at Pickneyville. (Doc.

76, p. 12).

13 Grievance No. 469-02-21 has been exhausted as to Defendants Bailey, Bartolotti, Blaylock,

Brock, Cacioppo and Pestka, who each allegedly told Plaintiff between December 2020 and

February 2021 that they restricted Plaintiff’s access to his blood pressure medication. (Doc. 76, p.

12-13).

14 Grievance No. 474-02-21 has been exhausted as to Defendants Bailey, Bartolotti, Blaylock,

Brock, Cacioppo, Hankins, and Pestka, who each allegedly told Plaintiff between December 2020

and February 2021 that they restricted Plaintiff’s access to his blood pressure medication. (Doc.

76, p. 13).

the Illinois Administrative Code. Id. (citing Woodford, 548 U.S. at 85). Defendants note that

at all levels of the grievance process, the facility and the ARB determined that Plaintiff

failed to meet the 60-day time frame set forth by DR504. Defendants believe this

procedural shortcoming cannot be excused. The Court agrees in part with Defendants’

analysis.

Plaintiff does provide a date in the body of this grievance. He states that “[o]n the

above date [January 7th] during the evening shift]” that he encountered Sergeant

Bartolotti. During Plaintiff’s interaction with Sergeant Bartolotti, Bartolotti reportedly

told Plaintiff that he and other correctional center staff “wanted his ass out of this facility

since [he] enjoy[s] filing grievances and lawsuits.” (Doc. 69, Exh. 6, p. 2). Plaintiff then

went on to describe an alleged false disciplinary ticket scheme that Bartolotti had

developed with other officers to get Plaintiff transferred out of the facility. Id. This

allegation speaks to Count 2 of Plaintiff’s lawsuit alleging First Amendment retaliation

against Bartolotti. Id. As such, the Court finds that the grievance office improperly

rejected Plaintiff’s grievance as untimely. See, e.g., Hampton v. Wilson, Cause No. 3:22-CV-

765-DRL-MGG, 2023 WL 7298974, at *2 (N.D. Ind. Nov. 6, 2023) (finding that the

grievance office improperly rejected the plaintiff’s grievance as untimely and as a result

his administrative remedies were unavailable).

However, this date does not speak to the conduct of the remaining Defendants.

Further down in the body of the grievance, Plaintiff notes that he failed to receive

grievances back in 2020 due to the conduct of “Lieutenants Wall, Baker, Shirley, Wangler,

C/O Hankins, Bell, Jurkowski, Schlott, Rodman, Rich, Brock, Bailey, Nurse L. Patterson

. . . Sergeants Dudek, Porter, Spiller, C/O Cacioppo, Lieutenant Johnson, Sergeant

Bartolotti, C/O Hale . . . Swisher, Summers, Sergeant Grove, and security staff.” Such

general assertions against a large group of Defendants are not sufficient to state a claim

against them. See, e.g., Brooks v. Ross, 578 F.3d 574, 580 (7th Cir. 2009) (generic allegation

that one or more defendants took an act is not sufficient). Moreover, Plaintiff does not

include a specific date nor any additional details regarding his allegations against these

defendants. Accordingly, Grievance No. 115-01-21 is only properly exhausted as to

Defendant Bartolotti for Count 2.

Lastly, the IDOC Defendants argue that Plaintiff failed to exhaust Grievance No.

279-01-21 because Plaintiff did not receive a final response from the ARB until June 22,

2021. (Doc. 76, p. 14). Exhaustion must be completed prior to suing in federal court. See

Pozo, 286 F.3d at 1024. See also Cannon v. Washington, 418 F.3d 714, 719 (7th Cir. 2005)

(noting that permitting a prisoner to sue first and then ask the prison to address issues

that are the subject of pending litigation defeats the purpose of the PLRA exhaustion

requirement.). Plaintiff filed this lawsuit on June 21, 2021. (Doc. 1). Thus, Grievance No.

279-01-21 was not fully exhausted prior to Plaintiff filing suit.

C. Plaintiff’s Allegations that He was Denied Access to the Administrative Process

In Plaintiff’s Response to Defendants’ Motions for Summary Judgment, he asserts

that he filed Grievances dated February 17, 2020, February 23, 2020, March 1, 2020, March

2, 2020, March 10, 2020, March 15, 2020, March 18, 2020, March 19, 2020, March 31, 2020,

and April 6, 2020, directly to the ARB because he had “difficulties getting his grievances

handled by counselors at the facility level.” (Doc. 78, p. 4). Both the IDOC Defendants

and the Wexford Defendants assert that Plaintiff’s allegations should not be deemed

credible because the record shows that Plaintiff successfully filed numerous grievances

during 2020 and 2021. See (Doc. 76, p. 15). See also (Doc. 69, p. 20) (remarking that between

February 1, 2020, to June 21, 2021, the ARB received 47 grievances from Plaintiff).

Defendants also note that this Court has consistently discounted Plaintiff’s allegations

regarding the availability of various grievance procedures. See, e.g., (Doc. 76, p. 16) (citing

12 cases where the Court found Plaintiff’s allegations not credible); (Doc. 69, p. 20). Given

Plaintiff’s robust grievance record during the applicable period, Plaintiff’s history of

making outlandish claims regarding the availability of administrative remedies at the

facility level, and Plaintiff’s evasive behavior during the hearings on Defendants’ Motions

for Summary Judgment, the Court again does not find Plaintiff’s claims regarding the

unavailability of administrative remedies to be credible.

CONCLUSION

For the foregoing reasons, the Court GRANTS the Wexford Defendants’ Motion

for Summary Judgment. (Doc. 68). The Court GRANTS IN PART and DENIES IN PART

the IDOC Defendants’ Motion for Summary Judgment. (Doc. 75). The Court DENIES the

Motion as to Defendants Blaylock, Bartolotti, Brock, Bailey, Cacioppo, Lueker, Hankins,

and Pestka in Count 2 and Bartolotti in Count 1. Thus, the Court DISMISSES WITHOUT

PREJUDICE Plaintiff’s claims against Defendants Blum, Myers, Rueter, Heck, Bell,

Hermann, Newbury, Mumbower, Reid, Brown, Baker, Rodman, and Frank.

The Court DIRECTS the Clerk of Court to enter judgment reflecting the same at

the conclusion of the case.

IT IS SO ORDERED.

DATED: J 95. 2024 Digitally signed by

> Jamuary <0, eee Judge Sison

Attes 0. SSS,

Date: 2024.01.25

14:51:13 -06'00'

GILBERT C. SISON

United States Magistrate Judge

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