United States District Court, S.D. Illinois
MEMORANDUM AND ORDER
M. Yandle, District Judge
the Court are Motions for Summary Judgment for Failure to
Exhaust Administrative Remedies filed by Defendant Vipin Shah
(Doc. 41) and Defendants Suzann Bailey, Thomas Spiller,
Marcus Hardy and John Baldwin (Doc. 44). For the following
reasons, Defendants' motions are GRANTED.
is an inmate at Pinckneyville Correctional Center
(“Pinckneyville”). Defendant Vipin Shah worked as
a physician at Pinckneyville and Defendant Spiller was the
Warden. Defendants Baldwin, Hardy and Bailey served in
administrative positions for the Illinois Department of
Corrections. Plaintiff filed this action pursuant to 42
U.S.C. § 1983, alleging violations of his constitutional
rights (Doc. 1). On March 4, 2016, the Court screened the
First Amended Complaint, designating Plaintiff's claims
Count 1: Eighth Amendment claim against
Defendants Baldwin, Hardy, Spiller, and Shah for deliberate
indifference to Plaintiff's need for adequate food to
meet his nutritional needs.
Count 3: Conspiracy claim against Defendants
Baldwin, Hardy, Spiller, and Dr. Shah for attempting to
punish prisoners and profit from them by implementing a
“two-meal-per-day” policy at Pinckneyville
Count 4: Eighth Amendment claim against
Defendants Baldwin, Hardy, Bailey, and Shah, for endangering
Plaintiff's health by serving him a soy diet.
have moved for summary judgment for Plaintiff's failure
to exhaust administrative remedies, arguing that Plaintiff
submitted no grievances relevant to his claims. Plaintiff did
not file a response.
support of their motion, Defendants submitted authenticated
records from the Illinois Department of Corrections and
Pinckneyville Correctional Center, which indicate:
1. On May 3, 2015, a counselor returned and responded to
Plaintiff's grievance regarding the soy diet.
2. On June 23, 2015, Plaintiff submitted a grievance
regarding Dr. Shah's medical treatment of his back and
medical co-pay, which was denied.
3. On September 4, 2015, Plaintiff submitted an appeal of the
grievance regarding Dr. Shah's medical treatment to the