Opinion

Tate v. Hughes

Court
District Court, S.D. Illinois
Filed
Sep 2, 2025
Cited by
0 cases
Authority
More cited than 39.1%

The opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF ILLINOIS

JAMES TATE,

Plaintiff,

Case No. 23-cv-03493-SPM

v.

SYDELLE FULK,

Defendant.

MEMORANDUM AND ORDER

MCGLYNN, District Judge:

Plaintiff James Tate initiated this action pursuant to 42 U.S.C. § 1983 while an inmate of

the Illinois Department of Corrections (IDOC) alleging violations of his constitutional rights. In

the First Amended Complaint, Plaintiff alleges that although he was designated as seriously

mentally ill and referred to a residential housing unit, on June 7, 2023, he was transferred to

Pinckneyville Correctional Center (Pinckneyville) and placed in general population. While at

Pinckneyville, Plaintiff was in a depressed state of mind and had thoughts of hurting himself. The

timeline of events is not entirely clear, but at some point, he was taken to the health care unit and

treated by Defendant Mental Health Professional Sydelle Fulk, who told him he was weak and that

if he cut himself, he should make sure to “hit [his] A C so [he] could bleed out and then [she]

would tell the nurses [he was] ready to receive medical attentions.” (Doc. 37-3, p. 2). A few days

after his transfer, Plaintiff was involved in a physical fight with his cellmate and placed in

segregation. While, in segregation he attempted suicide by cutting his arms and was taken to the

health care unit. Plaintiff was seen again by Defendant Fulk, who told Plaintiff he would not

receive medical attention for his injuries. Fulk not only denied Plaintiff medical treatment but also

harassed him by making racist remarks and telling him to kill himself. (Id. at p. 5). Fulk then placed

Plaintiff on crisis watch without providing him medical care. Following a merit review of the First

Amended Complaint pursuant to 28 U.S.C. § 1915A, Plaintiff is currently proceeding on the

following claims:

Count 2: Eighth Amendment deliberate indifference claim against Fulk for

denying Plaintiff treatment for his mental and physical health.

Count 3: Fourteenth Amendment equal protection claim against Fulk.

(Doc. 41).

This matter is before the Court on a motion for summary judgment on the issue of

exhaustion filed by Defendant Sydelle Fulk. (Doc. 55). Plaintiff has filed responses in opposition.

(Doc. 61, 63, 65, 67). For the following reasons, the motion for summary judgment will be granted.

LEGAL STANDARDS

Summary judgment is proper only if the moving party can demonstrate “that there is no

genuine issue as to any material fact and the movant is entitled to judgment as a matter of law.”

See FED. R. CIV. P. 56(a); Celotex Corp. v. Catrett, 477 U.S. 317, 322 (1986). In determining a

summary judgment motion, the Court views the facts in the light most favorable to, and draws all

reasonable inferences in favor of, the nonmoving party. Apex Digital, Inc. v. Sears, Roebuck &

Co., 735 F.3d 962, 965 (7th Cir. 2013) (citation omitted).

II. Exhaustion of Administrative Remedies

Lawsuits filed by inmates are governed by the provisions of the Prison Litigation Reform

Act (“PLRA”). 42 U.S.C. § 1997e(a). The PLRA states, in pertinent part, that “no action shall be

brought with respect to prison conditions under section 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.” Id. The Seventh Circuit requires strict adherence to the

PLRA’s exhaustion requirement. Dole v. Chandler, 438 F.3d 804, 809 (7th Cir. 2006). “To exhaust

remedies, a prisoner must file complaints and appeals in the place, and at the time, the prison’s

administrative rules require.” Pozo v. McCaughtry, 286 F. 3d 1022, 1025 (7th Cir. 2002).

Furthermore, exhaustion of available administrative remedies must occur before the suit is filed.

Ford v. Johnson, 362 F.3d 395, 398 (7th Cir. 2004).

III. Grievance Procedures

As an inmate in the custody of IDOC at the time of filing, Plaintiff was required to follow

the grievance procedure laid out in the Illinois Administrative Code (“grievance procedures”). 20

ILL. ADMIN. CODE § 504.800, et seq. The grievance procedures direct an inmate is to file a

grievance first with the Counselor within 60 days of the discovery of an incident. See 20 ILL.

ADMIN. CODE § 504.810(a). The grievance form must:

[C]ontain 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 § 504.810(c). Grievances that are unable to be resolved through routine

channels are then sent to a Grievance Officer. See 20 ILL. ADMIN. CODE § 504.820(a). The

Grievance Officer will review the grievance and provide a written response to the inmate. See 20

ILL. ADMIN. CODE § 504.830(a). The Grievance Officer must submit his findings to the Chief

Administrative Officer (CAO) within two months after receiving the grievance. 20 ILL. ADMIN.

CODe § 504.830(e). The CAO then reviews the findings and recommendation of the Grievance

Officer and issues a written decision to the inmate. Id. If the inmate is not satisfied with the

response, he can file an appeal with the Administrative Review Board (ARB). See 20 ILL. ADMIN.

CODE § 504.850(a). The ARB must receive the appeal within 30 days after the date of the decision

by the CAO, and copies of “the Grievance Officer’s report and the Chief Administrative Officer’s

decision should be attached.” Id. Only after a grievance is reviewed by the ARB is it deemed

exhausted. See Pozo, 286 F.3d at 1023–24.

ANALYSIS

The only grievance at issue in this case is Grievance #232557, dated June 28, 2023. (Doc.

67, p. 3). In Grievance #232557, Plaintiff grieves that on June 9, 2023, a correctional officer

claimed that Plaintiff had a fight with his cellmate and was smoking. Plaintiff claims that these

allegations were “made up [and] a lie.” He writes that he was issued a disciplinary ticket and placed

in segregation. While in segregation, he began cutting himself and “banging his head…” He

showed Mental Health Professional (MHP) Ms. S cuts on his arms, and he was eventually taken

to the health care unit. He states that he was not seen by a nurse or other medical staff for his

injuries. Plaintiff alleges in the grievance that he was told that he wants to die “so die.” He states

that Defendant Fulk came into the room, but he did not talk to Defendant Fulk because she “was

talking to [him] unkind and rude.” Then he was taken to a crisis cell. (Id. at p. 4). In his request

for relief, Plaintiff asks for the disciplinary ticket to be removed from his record, for his A-grade

status to be reinstated, to be removed from “confinement,” for proper mental health treatment, and

to receive compensation for the mental stress he has endured. (Id. at p. 3).

On August 4, 2023, the grievance officer recommended for Plaintiff’s grievance to be

denied because he was never issued a disciplinary ticket. (Doc. 67, p. 2). The chief administrative

officer concurred in the recommendation on August 8, 2023, and Plaintiff appealed the decision

on August 13, 2023. (Id.). The ARB responded to the appeal on January 18, 2024, stating that the

disciplinary report had been expunged. (Doc. 56-1, p. 11).

Plaintiff appears to be arguing that Grievance #232557 serves to exhaust his claims against

Defendant Fulk because the grievance was fully exhausted at the time he filed the First Amended

Complaint on April 2, 2024. (Doc. 63, 67). It is true that when an inmate amends his complaint to

raise a new claim, the inmate may proceed on the new claim if he exhausted his administrative

remedies after filing his original compliant, but prior to ‘the filing of the amended complaint.’”

Lofquist v. Cecil, No. 20-cv-169-RJD, 2022 WL 622005, at *3 (quoting Barnes v. Briley, 420 F.

3d 673, 678 (7th Cir. 2005)). This, however, is not the situation here.

Plaintiff initiated this case on October 3, 2023, naming Defendant Fulk and others, and

asserting the same allegations as stated in the First Amended Complaint – that he was improperly

placed in general population at Pinckneyville, mistreated and harassment by staff, and denied

mental and physical health care. The Court dismissed the original Complaint for failure to state a

claim and granted Plaintiff leave to amend. (Doc. 34). Although the First Amended Complaint was

filed after Grievance #232557 had received a final determination by the ARB, Plaintiff was

required under the PLRA to have administratively exhausted his remedies when he first brought

the suit on October 3, 2023. See Hoban v. Anderson, 688 F. App’x 385, 389 (7th Cir. 2017);

Thompson v. Swisher, No. 19-cv-1058-RJD, 2022 WL 2817438, at *4 (S.D. Ill. 2022) (holding

that the plaintiff had not exhausted where the original and amended complaint related to the same

incident). Because Plaintiff filed this case before receiving a response from the ARB for Greivance

#232557, and there is no evidence that Plaintiff otherwise properly exhausted his administrative

remedies regarding the claims in this case, the motion for summary judgment is granted.

DISPOSITION

For the reasons provided, the Court GRANTS the motion for summary judgment (Doc.

55) filed by Defendant Sydelle Fulk. COUNTS 2 and 3 and this ENTIRE CASE are DISMISSED

without prejudice for failure to exhaust. The Clerk of Court is DIRECTED to close this case and

enter judgment accordingly.

If Plaintiff wishes to appeal this dismissal, his notice of appeal must be filed with this Court

within thirty days of the entry of judgment. FED. R. APP. P. 4(a)(1)(A). A motion for leave to appeal

in forma pauperis should set forth the issues he plans to present on appeal. See FED. R. APP. P.

24(a)(1)(C). If Plaintiff does choose to appeal, he will be liable for the $605.00 appellate filing fee

irrespective of the outcome of the appeal. See FED. R. APP. P. 3(e); 28 U.S.C. § 1915(e)(2);

Ammons v. Gerlinger, 547 F.3d 724, 725-26 (7th Cir. 2008); Sloan v. Lesza, 181 F.3d 857, 858-

59 (7th Cir. 1999); Lucien, 133 F.3d at 467. Moreover, if the appeal is found to be nonmeritorious,

Plaintiff may also incur a “strike.” A proper and timely motion filed pursuant to Federal Rule of

Civil Procedure 59(e) may toll the 30-day appeal deadline. FED. R. APP. P. 4(a)(4). A Rule 59(e)

motion must be filed no more than twenty-eight (28) days after the entry of the judgment, and this

28-day deadline cannot be extended.

IT IS SO ORDERED.

DATED: September 2, 2025

s/Stephen P. McGlynn

STEPHEN P. MCGLYNN

United States District Judge

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.

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