United States District Court, N.D. Illinois
MEMORANDUM OPINION AND ORDER
JORGE L. ALONSO United States District Judge.
Jonathan Figueroa sues defendants, Corrections Officer Mason,
Cook County, and Sheriff Tom Dart, pursuant to 42 U.S.C.
§ 1983 for claims arising out of his medical care during
his pretrial detention in the Cook County Jail (“the
Jail”). He alleges that Officer Mason was deliberately
indifferent to his objectively serious medical condition, a
MRSA infection. Defendant has moved for summary judgment. For
the following reasons, the Court grants the motion.
September 25, 2014, while detained in Division 9 of the Jail,
plaintiff felt ill and noticed a pain on the left side of his
neck. (Pl.'s LR 56.1(b)(3)(B) Resp. ¶ 7, ECF No.
On the morning of September 27, 2016, plaintiff's neck
swelled up, and at some time between 7:00 a.m. and 7:30 a.m.,
plaintiff told defendant Kenneth Mason, a correctional
officer who was working on plaintiff's tier that day,
that he needed medical attention. (Id. ¶ 15;
Pl.'s LR 56.1 (b)(3)(C) Stmt. ¶ 2, ECF NO. 49.)
Mason observed a red bump on plantiff's neck, which was
oozing liquid. (Defs.' Resp. to Pl's LR 56.1(b)(3)(C)
Stmt. ¶ 3-4.)
approximately 9 a.m., when he believed someone would be on
duty at the Division 9 dispensary, Mason contacted the
medical staff to see what could be done for plaintiff.
(Pl.'s LR 56.1(b)(3)(B) Resp. ¶ 19.) He informed
them that plaintiff had a growth or a large red bump on the
left side of his neck, he was in severe pain, and the problem
had been going on for at least three days. (Id.) The
medical staff informed Mason that this was not an emergency
and he should direct plaintiff to fill out a medical request
form for the nurse to pick up when she stopped by the tier to
dispense medication. (Id. ¶ 20.) Mason provided
plaintiff with a medical request form and told him that when
the nurse came to the tier, he would have her examine
plaintiff's neck. (Id. ¶¶ 21-23.)
Further, he told plaintiff that if she did not enter the tier
but merely dropped off medication in the interlock area, he
would let plaintiff out of his cell to see her. (Id.
point on September 27, plaintiff saw a nurse, but the parties
dispute when, where and how.
testified at his deposition that the nurse came to the tier
at approximately 1:30 p.m. to dispense medication and, as he
had offered to do, Mason brought plaintiff out of his cell to
see her while she was there. According to Mason, plaintiff
and the nurse spoke for a few moments-Mason's
understanding was that the nurse told plaintiff he had
already been seen for this complaint-and then Mason took
plaintiff back to his cell, where he remained until Mason
left at the end of his shift at 3 p.m. (Defs.' LR
56.1(a)(3) Stmt., Ex. C, at 42:4-17, 58:8-66:2, ECF No.
testified that he did not see the nurse when she came to the
tier to dispense medication, and he received no medical
attention by the end of the dayroom period at 6:30 p.m. At
that point, the inmates were all to “lock up” for
the night, but plaintiff refused to return to his cell until
he received medical attention. Mason berated him, called him
a liar, and announced to all the inmates on the tier that
they would lose dayroom privileges because of plaintiff's
disobedience. Plaintiff still refused to return to his cell,
and he was placed in the interlock area, where he had to wait
a couple of hours for Mason to escort him to the dispensary.
(Defs.' LR 56.1(a)(3) Stmt., Ex. B, at 58:13-65:7, ECF
No. 44-2.) Later that night, a nurse did give plaintiff a
dose of Motrin, but he received no other medical attention
until September 29, when he was diagnosed with MRSA and
received antibiotics. (Am. Compl. ¶¶ 18-24.)
filed a number of grievances arising out of the medical care
he received for his MRSA infection (Pl.'s LR
56.1(b)(3)(C) Stmt. ¶¶ 21-28), including a timely
grievance against Mason, which was given the control number
2014x5870 (Defs.' LR 56.1(a)(3) Stmt. ¶¶ 37-39,
ECF No. 44). Plaintiff generally received prompt responses to
his grievances. (See Pl.'s LR 56.1(b)(3)(C)
Stmt. ¶¶ 21-28.) He filed his initial complaint in
this matter on November 17, 2014, before he received any
response to grievance 2014x5870. (ECF No. 1.) He later
received a response to the grievance on December 7, 2014, and
he appealed the decision. (Defs.' LR 56.1(a)(3) Stmt.
Court shall grant summary judgment if the movant shows that
there is no genuine dispute as to any material fact and the
movant is entitled to judgment as a matter of law.”
Fed.R.Civ.P. 56(a); Wackett v. City of Beaver Dam,
642 F.3d 578, 581 (7th Cir. 2011). The Court may not weigh
conflicting evidence or make credibility determinations, but
the party opposing summary judgment must point to competent
evidence that would be admissible at trial to demonstrate a
genuine dispute of material fact. Omnicare, Inc. v.
UnitedHealth Grp., Inc., 629 F.3d 697, 705 (7th Cir.
2011); Gunville v. Walker, 583 F.3d 979, 985 (7th
Cir. 2009). A genuine dispute is one that could change the
outcome of the suit, and is supported by evidence sufficient
to allow a reasonable jury to return a favorable verdict for
the non-moving party. Spivey v. Adaptive Mktg. LLC,
622 F.3d 816, 822 (7th Cir. 2010).
contend that they are entitled to summary judgment because
(1) plaintiff failed to exhaust administrative remedies, and
(2) Mason did not act with deliberate indifference to a
serious medical need.
of Administrative Remedies
argue that plaintiff failed to exhaust his claims through the
Jail grievance process. The Prison Litigation Reform Act
(PLRA) instructs that “[n]o action shall be brought
with respect to prison conditions under section 1983 of this
title, or any other Federal law, by a prisoner confined to
any jail, prison, or other correctional facility until such
administrative remedies as are available are
exhausted.” 42 U.S.C. § 1997e(a); see also
Woodford v. Ngo, 548 U.S. 81, 84 (2006); Dole v.
Chandler, 438 F.3d 804, 808 (7th Cir. 2006). A pretrial
detainee is required to utilize a jail grievance system
before filing a § 1983 claim to make jail officials
aware of alleged ongoing problems and to give ...