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Corleyy v. Wexford Health Sources, Inc.

United States District Court, S.D. Illinois

December 18, 2017

KEON CORLEY, Plaintiff,
v.
WEXFORD HEALTH SOURCES, INC., KIMBERLY BUTLER, TROST, GAIL WALLS, FUENTES, MARTHA OAKLEY, DR. RITZ, C/O JOHNSON, DILDAY, REDNOUR, SPILLER, JOHN DOE 1, WARDEN OF MENARD CORRECTIONAL CENTER, Defendants.

          MEMORANDUM AND ORDER

          NANCY J. ROSENSTENGEL United States District Judge.

         This matter comes before the Court on the Report and Recommendation of United States Magistrate Judge Donald G. Wilkerson (Doc. 66), which recommends denying the Motion for Summary Judgment on the Issue of Exhaustion of Administrative Remedies filed by Defendants Fuentes, Ritz, Trost, and Wexford Health Sources, Inc. (Doc. 38), granting in part and denying in part the Motion for Summary Judgment filed by Defendants Butler, Dilday, Oakley, Rednour, Spiller, Walls, and the Warden of Menard (Doc. 41), and denying as moot the Motion for Summary Judgment filed by Plaintiff Keon Corley (Doc. 50). For the reasons explained below, the Court adopts Magistrate Judge Wilkerson's Report and Recommendation in its entirety.

         Corley, an inmate in the Illinois Department of Corrections, filed this action pursuant to 42 U.S.C. § 1983 alleging staff at Menard Correctional Center violated his constitutional rights. After an initial screening of his complaint pursuant to 28 U.S.C. § 1915A, Corley was permitted to proceed on ten counts:

Count 1: Eighth Amendment excessive force claim against Defendant Rednour and John Doe 1 for slamming Corley into the ground on March 2, 2015, to make an example out of him during an inmate fight on the yard at Menard;
Count 3: Eighth Amendment pattern of violence or harmful environment claim against Defendants Butler and Spiller for condoning and maintaining a dangerous environment despite being on notice of multiple incidents of improper guard-on-inmate violence;
Count 5: Eighth Amendment deliberate indifference to serious medical need claim against Defendant Wexford for maintaining a policy that led to inadequate medical care, delayed medical care, improperly trained medical staff, lack of follow up care, and refusal of pain medication, with the objective of saving money;
Count 8: Eighth Amendment claim for deliberate indifference to a serious medical need when Defendant Oakley refused pain medication or other treatment for Corley's injured hand on March 2, 2015;
Count 9: Eighth Amendment claim for deliberate indifference to a serious medical condition by Defendant Rednour by delaying medical care for Corley's hand injury on March 2, 2015;
Count 10: Eighth Amendment deliberate indifference claim against Drs. Trost and Fuentes for denying pain medication stronger than Motrin to treat Corley's injured hand;
Count 11: Eighth Amendment claim for deliberate indifference against Defendants Johnson and Dilday for refusing to remove Corley's handcuffs and thus obstructing the provision of appropriate physical therapy;
Count 12: Eighth Amendment deliberate indifference claim against Dr. Ritz for denying ongoing care recommended by an external provider;
Count 13: Eighth Amendment deliberate indifference claim against Defendant Gail Walls for failing to adequately respond to Corley's grievances about a missed appointment, an inadequate physical therapy appointment, and the denial of an external provider's recommendation for follow-up care;
Count 15: First Amendment retaliation claim against Defendant Spiller for failing to correct the record as to the one-year term of segregation Corley was to serve, causing him to spend an extra 28 days in segregation.

         On March 24, 2017, Defendants Fuentes, Ritz, Trost, and Wexford filed a motion for summary judgment for failure to exhaust administrative remedies (Doc. 38). That same day, Defendants Butler, Dilday, Oakley, Rednour, Spiller, Walls, and the Warden of Menard also filed a motion for summary judgment on the issue of exhaustion (Doc. 41). On May 12, 2017, Corley filed a “Motion for Summary Judgment, ” which he referred to within as a “reply” to Defendants' motion (Doc. 50). Magistrate Judge Wilkerson held a hearing pursuant to Pavey v. Conley, 544 F.3d 739 (7th Cir. 2008), on July 17, 2017 (Doc. 60), and subsequently issued the Report and Recommendation currently before ...


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