The opinion of the court was delivered by: Reagan, District Judge
Before the Court is Defendant Helmer's motion to dismiss (Doc. 16). Plaintiff Boyd, an inmate at Pinckneyville Correctional Center, filed this action pursuant to 42 U.S.C. § 1983. He challenges the conditions of his confinement at Menard Correctional Center, claiming that Helmer, a correctional officer, inflicted cruel and unusual punishment on November 12, 2002. Specifically, Boyd alleges that Helmer kicked the chuck hole door on Boyd's cell, deliberately causing serious injury to Boyd's left arm.
Helmer seeks dismissal, arguing that Boyd filed suit without first exhausting his administrative remedies. Boyd claims that he did exhaust all available remedies (Doc. 21).
While Boyd was confined at Menard Correctional Center, he sent correspondence to the Illinois Department of Corrections, seeking information regarding emergency grievances. On November 4, 2002, an assistant deputy director responded, explaining that emergency grievances are forwarded to the warden's office and that a matter considered to be an emergency is answered immediately. The assistant deputy director also explained that a grievance that does not need emergency review would be returned to the inmate to be processed in the normal procedure.
The normal procedure for grievances starts with a request for assistance from a counselor and ends with an appeal of the warden's decision to the Administrative Review Board ("ARB"). 20 Ill. Admin. Code § 540.800, et seq. Boyd attempted to exhaust administrative remedies with regard to Helmer's conduct. On November 12, 2002, he prepared a grievance accusing Helmer of assault. He sent his grievance to Jonathon Walls, the warden at that time, seeking emergency review, but received no response. On November 17, 2002, Boyd sent Walls another emergency grievance. Again, Boyd received no response.
On November 21, 2002, Boyd prepared two more grievances regarding Helmer's conduct. He sent one of these grievances to Walls and sent the other to the ARB, along with correspondence explaining that the warden had ignored requests for emergency review.
On December 19, 2002, Boyd sent additional correspondence to the ARB.
On December 26, 2002, Boyd sent additional correspondence and an emergency grievance to the ARB.
On December 30, 2002, the Office on Inmate Issues received Boyd's grievance. On January 3, 2003, the ARB notified Boyd that there was no record that a grievance sent on November 21, 2002 had been received.
On January 22, 2003, Boyd sent correspondence to the ARB.
On February 14, 2003, Boyd sent additional correspondence to the ARB.
On February 18, 2003, the ARB received Boyd's grievance and correspondence. The grievance was returned to Boyd with the explanation that the materials did not include responses from a counselor, a grievance officer or the warden. Boyd was advised to send emergency grievances to the warden.
At some point, a grievance officer obtained Boyd's grievance. The grievance officer forwarded Boyd's grievance to Eugene McAdory, the warden at that time.
On March 25, 2003, McAdory considered Boyd's grievance and decided that an emergency was not substantiated. He sent Boyd a memo explaining that a counselor needed to address the grievance, because ...