Opinion

Blazer v. Martin

Court
District Court, S.D. Illinois
Filed
Sep 3, 2024
Cited by
0 cases
Authority
More cited than 31.4%

The opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF ILLINOIS

)

ADAM BLAZER, )

)

Plaintiff, )

) Case No. 23-cv-1343-RJD

v. )

)

PHIL MARTIN, et al., )

)

Defendant. )

ORDER

DALY, Magistrate Judge:

This matter comes before the Court on Motions for Summary Judgment on the issue of

administrative remedy exhaustion filed by Defendants Martin, Dodd, Loy, and Lane (Docs. 49,

50, 53, 56, 57).1 As explained further, Defendants’ Motions are GRANTED.

Plaintiff’s Complaint

Plaintiff, formerly incarcerated at Robinson Correctional Center, filed this lawsuit pursuant

to 42 U.S.C. §1983 while he was an inmate within the Illinois Department of Corrections. Doc.

1. In his Amended Complaint, Plaintiff alleges that in November 2022 his teeth were infected

and there were abscesses in his gums; he requested to be seen by the dental staff. Doc. 16, ¶1.

From November 2022-February 2023, he submitted multiple requests for dental care. Id., ¶2.

Plaintiff alleges that Defendant Josh Lane was “in charge of scheduling” and purposefully delayed

Plaintiff’s treatment. Id., ¶5.

1 Plaintiff is proceeding pro se. He did not file a Response to Defendants’ Motions. Defendants provided Notice

to Plaintiff regarding the ramifications of failing to respond. Docs. 51 and 54.

Page 1 of 6

Defendant Martin was the health care unit administrator at the time and he allegedly told

Plaintiff “I don’t know what to tell you, we don’t have a regular dentist. Man up and deal with it.”

Id., ¶2. Plaintiff also spoke to Defendant Dodd (the Warden at Robinson) in December 2022, and

she allegedly told him she would “look into it” but never did. Id., ¶3. In April 2023, Defendant

Dodd retired and Defendant Loy became the Acting Warden. Id., ¶4. Plaintiff spoke to Warden

Loy about his dental issues and Warden Loy allegedly said “I’m not a dentist. What do you expect

me to do about it?” Id.

Plaintiff filed this lawsuit on April 25, 2023. Doc. 1. In June 2023, two of Plaintiff’s

teeth were extracted. Doc. 16, ¶1. He continued to have unbearable pain in his teeth. Id.

Plaintiff was released from prison in October 2023. Doc. 37.

Exhaustion Requirements

Pursuant to 42 U.S.C. § 1997e(a), prisoners are required to exhaust available administrative

remedies prior to filing lawsuits in federal court. “[A] prisoner who does not properly take each

step within the administrative process has failed to exhaust state remedies.” Pozo v. McCaughtry,

286 F.3d 1022, 1024 (7th Cir. 2002). “[A] suit filed by a prisoner before administrative remedies

have been exhausted must be dismissed; the district court lacks discretion to resolve the claim on

the merits, even if the prisoner exhausts intra-prison remedies before judgment.” Perez v.

Wisconsin Dep’t of Corr., 182 F.3d 532, 535 (7th Cir. 1999). “[A]ll dismissals under § 1997e(a)

should be without prejudice.” Ford v. Johnson, 362 F.3d 395, 401 (7th Cir. 2004).

An inmate in the custody of the Illinois Department of Corrections must first submit a

written grievance within 60 days after the discovery of the incident or problem to his or her

institutional counselor, unless certain discrete issues are being grieved. 20 ILL. ADMIN. CODE §

504.810(a). The grievance must contain the following:

Page 2 of 6

…. 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.

20 ILL. ADMIN. CODE § 504.870(b).

If the complaint is not resolved through a counselor, the grievance is considered by a

Grievance Officer who must render a written recommendation to the Chief Administrative Officer

— usually the Warden — within 2 months of receipt, “when reasonably feasible under the

circumstances.” Id. §504.830(e). The CAO then advises the inmate of a decision on the

grievance. Id.

The inmate may request that his grievance be treated as an emergency by sending it directly

to the CAO. Id. §_504.840. If the CAO determines that the grievance constitutes an emergency,

he/she will expedite its processing. Id. §_504.840(b). If the CAO determines that expedited

review is not necessary, the grievance will be returned to the inmate with instructions to submit it

through the regular channels. Id. §_504.840(c).

An inmate may appeal the decision of the Chief Administrative Officer in writing within

30 days to the Administrative Review Board for a final decision. Id. §_504.850(a); see also Dole

v. Chandler, 438 F.3d 804, 806–07 (7th Cir. 2006). The ARB will submit a written report of its

findings and recommendations to the Director to make a final determination within 6 months of

receipt of the appeal. 20 ILL. ADMIN. CODE § 504.850(d) and (e). Inmates who intend to file suit

are required to follow all steps and instructions in the grievance process before filing with the

Court in order to “[allow prisons] to address complaints about the program [they administer] before

being subjected to suit, [reduce] litigation to the extent complaints are satisfactorily resolved, and

Page 3 of 6

[improve] litigation that does occur by leading to the preparation of a useful record.” Jones v. Bock,

549 U.S. 199, 219 (2007). However, an inmate is only required to exhaust the administrative

remedies that are available to him. Lewis v. Washington, 300 F.3d 829,833 (7th Cir. 2002).

Plaintiff’s grievance

Plaintiff did not respond to Defendants’ motions, but attached his grievance to his

Amended Complaint. Doc. 16, pp. 8-10. The grievance reflects that on February 13, 2023,

Plaintiff submitted an emergency grievance at Robinson that stated “need to see dentist and get

teeth pulled in pain need dentures or partials.” Id., p. 8. Defendant Dodd’s signature indicates

that she expedited review of the grievance as an emergency. Id., p. 8. The grievance officer

received the following response from the dentist at Robinson:

2-15-23 received request to be seen by dentist, request states ‘I’ll explain when I

see the dentist.’ Patient put on line to be seen for exam at Dental. Without a full

time dentist at Robinson and limited dental coverage all treatment and exam lines

are long and slow. 2-27-23 reviewed chart for grievance; patient does have several

teeth needing attention; will send antibiotic and analgesic today and have patient

back for exam at next availability.”

Id., p. 9. Based upon this response, the grievance officer recommended that the grievance be

denied. An unknown individual concurred as the “Chief Administrative Officer” on March 8,

2023. Id., p. 10. Plaintiff timely sent the grievance to the ARB, who returned the grievance to

Plaintiff with the statement “contact healthcare as the grievance process should be utilized for

requests.” Id., p. 10.

Discussion

Wexford concedes that the February 13, 2023 grievance sufficiently exhausted Plaintiff’s

administrative remedies against it. Defendants Dodd, Loy, and Martin contend that Plaintiff

“failed to properly utilize grievance procedures” because the ARB returned the grievance without

Page 4 of 6

ruling on it, instructing Plaintiff to not use the grievance process as a request to be seen in the

healthcare unit. This argument is not well-taken. Based upon the response by prison officials at

Robinson, the record reflects that they knew Plaintiff had already requested to be seen by dental,

and that the grievance process was his attempt to alert prison officials that he was not being seen.

Regardless of the ARB’s decision to return the grievance without reaching a decision on the merits,

Plaintiff fully exhausted the February 13, 2023 grievance.

However, Defendants Dodd, Loy, and Martin also argue that the grievance does not

identify them and therefore Plaintiff did not exhaust his administrative remedies against them.

Defendant Lane also argues that the grievance does not identify him. The Court agrees. The

Illinois Administrative Code required Plaintiff to identify the person(s) involved in his complaint,

and the only individuals who could possibly be considered identified in the grievance are unknown

persons who were responsible for scheduling an appointment for Plaintiff. Plaintiff alleges that

he asked Defendants Loy, Martin, and Dodd to arrange for him to be seen in the dental unit, but

within the grievance he does not identify their alleged failure to instruct dental staff to see him.

Defendant Lane is not identified in the grievance, and his affidavit reflects that he had no

responsibility for scheduling Plaintiff. Because Plaintiff’s allegations that Defendants Dodd,

Loy, Martin, and Lane were deliberately indifferent to his serious dental needs are not reflected in

the grievance, it does not suffice to exhaust Plaintiff’s administrative remedies against them.

CONCLUSION

Defendants’ summary judgment motions (Docs. 49 and 56) are GRANTED. Plaintiff’s

claims against Defendants Dodd, Loy, Martin, and Lane are DISMISSED WITHOUT

PREJUDICE. Plaintiff’s Complaint (Doc. 16) proceeds against Wexford.

Page 5 of 6

IT IS SO ORDERED.

DATED: September 3, 2024

s/ Reona J. Daly

Hon. Reona J. Daly

United States Magistrate Judge

Page 6 of 6

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.