Opinion

Jordan v. Barwick

Court
District Court, S.D. Illinois
Filed
Sep 22, 2025
Cited by
0 cases
Authority
More cited than 39.4%

The opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF ILLINOIS

VALDEZ LAMONT JORDAN, #B29482, )

)

Plaintiff, )

)

vs. ) Case No. 24-cv-02125-SMY

)

JOHN BARWICK, )

CHRISTINE BROWN, )

PERCY MYERS, and )

BOB BLUM, )

)

Defendants. )

MEMORANDUM AND ORDER

YANDLE, District Judge:

This matter is before the Court on the motion for summary judgment filed by Defendants

John Barwick and Christine Brown on the issue of failure to exhaust administrative remedies (Doc.

36). Plaintiff Valdez Lamont Jordan opposes the motion (Doc. 39). For the following reasons,

the motion is DENIED.1

BACKGROUND

Plaintiff filed this this pro se civil action pursuant to 42 U.S.C. § 1983 for alleged violations

of his constitutional rights that occurred at Pinckneyville Correctional Center (Doc. 1).2 He makes

the following allegations in the Complaint: While Plaintiff was a prisoner at Lawrence

Correctional Center in June 2022, he developed a painful sore throat, difficulty swallowing, and

felt as if something was stuck in his throat (Doc. 1, pp. 1, 5). He had a blood test that showed

abnormal results. He received no treatment for his throat symptoms.

1 Given the undisputed material facts, the Court concludes that it is not necessary to hold a hearing on the exhaustion

issues raised in Defendants’ motion.

2 Plaintiff is currently incarcerated at Graham Correctional Center (Doc. 40).

In April 2023, Plaintiff was transferred to Pinckneyville Correctional Center (Doc. 1, p. 6).

Defendant Nurse Practitioner Blum informed Plaintiff that he tested positive for the H. Pylori

bacterium and that it could be the cause of his symptoms. Plaintiff completed the course of

medication for H. Pylori. His throat pain went away for a week, but his symptoms of feeling

something stuck in his throat and a burning sensation returned (Doc. 1, p. 7).

Plaintiff saw Defendant Dr. Percy Myers in June 2023 and informed Dr. Myers he had

suffered from throat pain for nearly a year without having a diagnosis. Dr. Myers ordered another

H. Pylori test and said he would order a CT scan. In Jul 2023, Plaintiff learned the H. Pylori test

was negative; Dr. Myers did not further address his symptoms (Doc. 1, pp. 7-8).

Plaintiff saw Dr. Myers on August 10, 2023, after he submitted more health care requests

to address a lump at the base of his throat and increased pain. Dr. Myers denied Plaintiff’s request

for nutritional supplements for his weight loss and lack of energy (Doc. 1, pp. 8-9).

Plaintiff obtained Prilosec and saline nasal spray from a physician’s assistant in September

2023 and November 2023, but they did not relieve his symptoms (Doc. 1, pp. 9, 12). On October

6, 2023, he had a CT scan of his head and neck, which showed an “oval mass-like process3…in

the subcutaneous soft tissues of the occiput” but no acute abnormalities within the nasopharynx,

tonsils, tongue base, epiglottis, piriform sinuses, parotid, or submandibular glands, or lymph nodes

(Doc. 1, p. 9). His throat symptoms worsened and a blood test in October 2023 showed low kidney

function and other abnormal results (Doc. 1, p. 10). In November 2023 and at the time he filed his

Complaint, Plaintiff’s throat pain was so bad that he wanted to dig his fingers into his throat and

“snatch out his insides” (Doc. 1, pp. 1, 12).

On February 8, 2024, Plaintiff saw an outside GI specialist for his throat condition and

3 This mass was a separate issue from Plaintiff’s throat problems; he earlier referred to a “mass on [his] head” which

was diagnosed by an ENT specialist in January 2024 as a tumor (Doc. 1, pp. 7, 12).

chronic stomach pain dating back to November 2023 (Doc. 1, pp. 12-13). The specialist

recommended an EGD and colonoscopy but required a cardiologist consultation before performing

those tests. Plaintiff’s blood tests showed his kidney function had dropped further and several

other results were out of normal range.

On April 3, 2024 and May 8, 2024, Plaintiff wrote to Defendant Christine Brown seeking

to schedule the EGD, endoscopy, and colonoscopy. Brown responded that cardiac clearance was

needed before these tests and he should see a cardiologist in the next couple weeks (Doc. 1, p. 15).

Plaintiff’s throat symptoms worsened to the point he could hardly eat. Plaintiff sought emergency

assistance from Blum on May 16, 2024. Blum told him nothing could be done before the cardio

consult.

Plaintiff saw the cardiologist on May 23, 2024 and obtained clearance for the EGD and

colonoscopy (Doc. 1, p. 16). Dr. Myers told Plaintiff it would take about a month to schedule the

GI visit and submitted a request for collegial review. Plaintiff submitted a grievance on May 27,

2024 and an emergency health request on June 4, 2024 seeking urgent care. Defendant Warden

Barwick approved the grievance for emergency handling (Doc. 1, pp. 13, 17). Plaintiff was told

the colonoscopy was scheduled for early August 2024, but it had not been performed at the time

Plaintiff filed this action on September 4, 2024, nor had he seen a GI specialist.4

Following threshold review, Plaintiff is proceeding on the following claim (Doc. 11):

Count 1: Eighth Amendment deliberate indifference to serious medical needs

claim against Barwick, Brown, Myers, and Blum for delaying and

denying adequate medical care and diagnostic referrals for

Plaintiff’s severe and painful throat and stomach symptoms.

4 On October 16, 2024, the Court granted Plaintiff’s motion for a preliminary injunction, ordering Defendants to

schedule Plaintiff for appointments to undergo the EGD and colonoscopy procedures (Docs. 28, 29). Defendants

notified the Court that Plaintiff underwent those procedures on October 29, 2024, was scheduled for an ENT

appointment in late November 2024, and was given a course of antibiotics (Docs. 30, 32).

Relevant Grievances

Defendants Barwick and Brown identify two grievances relevant to Plaintiff’s claims (Doc.

37, pp. 2-4):

Grievance No. K59-0324-837 dated March 7, 2024

Plaintiff filed this grievance as an emergency. Warden Christel Crow approved emergency

processing on March 8, 2024 (Doc. 37-2, pp. 10-11, 13). Plaintiff sought immediate follow-up

treatment for several ongoing medical problems including a tumor on his head that he wanted

surgically removed, and untreated/undiagnosed kidney, stomach, and throat pain. Plaintiff stated

“HCU staff” knew he had been complaining about stomach and throat pain for several months; he

had been requesting treatment since January 2024 but got no response unless he filed a grievance.

He believed his health problems could be due to the prison’s nutritionally inadequate diet.

The grievance was denied on March 22, 2024 and included the HCUA’s (Health Care Unit

Administrator) response stating Plaintiff had been seen several times on nurse sick call (NSC) for

his stomach/kidney pain (Doc. 37-2, p. 9). Plaintiff was to be “put back on the med line for the

doctor.” Id. Defendant Warden Barwick concurred with the denial of the grievance (Doc. 37-2,

p. 9; Doc. 39, pp. 2, 10). Plaintiff wrote to the Administrative Review Board (“ARB”) on May 1,

2024, detailing his efforts to seek medical care for the issues raised in his grievance and disputing

statements made in the Pinckneyville officials’ response (Doc. 37-2, p. 12). The ARB denied

Plaintiff’s appeal on May 16, 2024 (Doc. 37-2, p. 8).

Grievance No. K59-0524-1837 dated May 27, 2024

This grievance was marked and treated as an emergency (Doc. 37-2, p. 5). Plaintiff stated

he had a consultation with a cardiologist on May 23, 2024, who determined he could be sedated

for the EGD and colonoscopy procedures with a GI specialist. The same day, Plaintiff spoke with

Defendant Dr. Myers seeking urgent treatment for his throat pain and difficulty swallowing, which

had persisted since June 2022 (Doc. 37-2, pp. 5-6). He asked for an urgent recommendation from

the collegial review members to obtain the EGD and colonoscopy procedures.

The grievance was denied by Defendant Barwick on June 4, 2024, based on the HCUA’s

response that Plaintiff’s colonoscopy appointment had been scheduled for early August (Doc. 37-

2, p. 4). The ARB denied Plaintiff’s appeal on July 26, 2024 (Doc. 37-2, p. 3).

DISCUSSION

Summary judgment is proper if there is no genuine issue as to any material fact and the

movant is entitled to judgment as a matter of law. FED. R. CIV. P. 56(a). A genuine issue of

material fact exists when “the evidence is such that a reasonable [factfinder] could [find] for the

nonmoving party.” Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248 (1986).

Pursuant to the Prison Litigation Reform Act (“PLRA”), a prisoner may not file a lawsuit

about prison conditions unless and until he has exhausted all available administrative remedies.

42 U.S.C. § 1997e(a); Pavey v. Conley, 544 F.3d 739, 740 (7th Cir. 2008). “The exhaustion

requirement is an affirmative defense, which the defendants bear the burden of proving.” Pavey

v. Conley, 663 F.3d 899, 903 (7th Cir. 2011); see also Crouch v. Brown, 27 F.4th 1315, 1320 (7th

Cir. 2022).

For a prisoner to properly exhaust his administrative remedies, he or she 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). “[A] prisoner who does not properly

take each step within the administrative process has failed to exhaust state remedies.” Id. at 1024.

Exhaustion must be fully completed before the prisoner files suit; a case filed while a grievance

appeal is still ongoing is premature and must be dismissed without prejudice. Chambers v. Sood,

956 F.3d 979, 984 (7th Cir. 2020); see also Dole v. Chandler, 438 F.3d 804, 809 (7th Cir. 2006).

Because Plaintiff was an IDOC inmate when he filed this action, he was required to follow

the grievance process set forth in the Illinois Administrative Code. 20 ILL. ADMIN. CODE

§ 504.800, et seq. (2017). Under IDOC’s procedure, an inmate initiates a grievance with his

counselor, and he may then submit his grievance to a grievance officer at his facility, and to the

Chief Administrative Officer (“CAO”) at his facility. “A grievance must be filed...within 60 days

after the discovery of the incident, occurrence or problem that gives rise to the grievance.” 20 ILL.

ADMIN. CODE § 504.810(a). A grievance must “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.” 20 ILL. ADMIN. CODE §

504.810(c). If the prisoner does not know a person’s name, he “must include as much descriptive

information about the individual as possible.” Id.

If an inmate is unsatisfied with the outcome at the facility, he must appeal to the ARB

within 30 days. 20 ILL. ADMIN. CODE § 504.850(a). The grievance procedures further allow for

an inmate to file an emergency grievance; to do so, the inmate must forward the grievance directly

to the CAO who may “[determine] that there is a substantial risk of imminent personal injury or

other serious or irreparable harm to the offender.” 20 ILL. ADMIN. CODE § 504.840(a). After such

a determination, processing of the grievance is expedited, as is any appeal. 20 ILL. ADMIN. CODE

§ 504.840(b); § 504.850(f).

An inmate is required to exhaust only those administrative remedies that are available to

him. See Ross v. Blake, 578 U.S. 632, 642 (2016). Administrative remedies become “unavailable”

when prison officials fail to respond to a properly filed inmate grievance or when prison employees

thwart a prisoner from exhausting. Lewis v. Washington, 300 F.3d 829, 833 (7th Cir. 2002); Dole,

438 F.3d at 809.

Here, Defendants argue neither of Plaintiff’s grievances was sufficient to exhaust his

claims against them because the grievances did not contain Barwick or Brown’s name or a

description of them (Doc. 37, pp. 6-7). They contend the mention of “HCU staff” was not enough

to alert the prison to any complaints regarding Defendant Brown, the Health Care Unit

Administrator, because she was not responsible for providing any medical treatment to Plaintiff,

nor did Plaintiff allege that Brown provided him with treatment. Id.; (see also Doc. 31, pp. 3-4).

A procedural deficiency, such as the omission of an official’s name, “amounts to a failure

to exhaust only if prison administrators explicitly relied on that shortcoming.” Maddox v. Love,

655 F.3d 709, 721-722 (7th Cir. 2011) (internal citations omitted). “Where prison officials address

an inmate’s grievance on the merits without rejecting it on procedural grounds, the grievance has

served its function of alerting the state and inviting corrective action, and defendants cannot rely

on the failure to exhaust defense.” Id. at 722.

In this case, Plaintiff’s grievances were addressed on their merits and no issue was raised

at any level of the process regarding the omission of individuals’ names. Moreover, Defendants

Brown and Barwick were directly involved in responding to, and denying, Plaintiff’s grievances.

Thus, they were aware of Plaintiff’s complaints, and had an opportunity to take corrective action.

In sum, Defendants Brown and Barwick have not met their burden to prove that Plaintiff

failed to exhaust his administrative remedies before filing suit.

DISPOSITION

The Motion for Summary Judgment on the Issue of Exhaustion of Administrative

Remedies filed by Defendants Barwick and Brown (Doc. 36) is DENIED.

The matter of exhaustion of administrative remedies now being resolved, the stay on merits

discovery is LIFTED and the parties can proceed with discovery on the merits of Plaintiff’s

claims. The Court will enter a separate scheduling order setting discovery and dispositive motion

deadlines.

IT IS SO ORDERED.

DATED: September 22, 2025

s/ Staci M. Yandle_________

STACI M. YANDLE

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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