United States District Court, S.D. Illinois
MEMORANDUM AND ORDER
YANDLE, District Judge
Sean Arnold, an inmate in the custody of the Illinois
Department of Corrections (“IDOC”), brings this
lawsuit pursuant to 42 U.S.C. § 1983, alleging that his
constitutional rights were violated while he was incarcerated
at Menard Correctional Center (“Menard”).
Plaintiff alleges that the defendants failed to protect him
from an attack by another inmate and were deliberately
indifferent to his serious medical needs arising from the
attack. Following threshold screening, Plaintiff has
proceeded on the following claims:
Count 1: Butler failed to protect Plaintiff from a violent
attack by his cellmate in violation of the Eighth Amendment
after receiving a grievance notifying her of potential danger
Count 2: Godinez and Anderson failed to protect Plaintiff
from a violent attack by his cellmate in violation of the
Eighth Amendment by denying a grievance from him requesting
Count 3: Hof and John Doe 2 failed to protect Plaintiff from
a violent attack by his cellmate after Plaintiff informed
them of the danger he faced, in violation of the Eighth
Count 4: Wexford showed deliberate indifference to
Plaintiff's serious medical need involving injuries to
his head in violation of the Eighth Amendment.
case is now before the Court on the Motion for Summary
Judgment for Failure to Exhaust Administrative Remedies filed
by Defendant Wexford Health Sources, Inc.
(“Wexford”) (Doc. 51). Plaintiff filed a Response
(Doc. 69). Also before the Court are Plaintiff's Motions
for Summary Judgment (Docs. 36 and 37), to which Defendants
filed Responses (Docs. 39 and 45). For the following reasons,
both parties' motions are DENIED.
Motion for Summary Judgment for Failure to
support of its motion, Wexford contends that Arnold failed to
file a grievance within 60 days of the initial incident and
that the grievance he ultimately filed made no reference to
Wexford Health Sources. Arnold argues that he timely filed a
grievance on April 20, 2015 and made specific reference to at
least two Wexford employees.
attached the April 20, 2015 grievance to his Complaint (Doc.
1-1 at 10-11). In the grievance, he asserts that he was
stabbed in the head and face with a jailhouse weapon, and
beaten continuously in the head with a fan on February 24,
2015 (Id. at 10). The nurse treated his wounds on
that date, but did not address his head trauma
(Id.). He was never tested for concussion, nor given
a CT-scan to test his head for injury (Id.). He sent
requests to the healthcare unit for two months to be seen for
constant headaches and memory loss (Id. at 11). He
was having trouble processing information (Id.). He
gave Nurse Etrin his request to be seen by health care, but
was not called to sick call (Id.). He also sent a
request to Dr. Trost, the Health Care Administrator, and
informed him that he had been requesting medical attention
and had not received any (Id.). The relief requested
was to be seen by a doctor and to be given a CT-Scan to
reveal what is wrong with his head.
4, 2015, the counselor responded that the Health Care Unit
had been contacted regarding Arnold's grievance and that
they had seen him three times since the grievance was filed.
The counselor instructed that if he continued to have issues,
he should submit a sick call request and that a request slip
was attached for his use (Id.). Arnold was
transferred from Menard to Hill Correctional Center on July
29, 2015 (Id. at 8).
sent the grievance to the Administrative Review Board
(“ARB”). It was denied by the ARB because he had
failed to include copies of the Grievance Officer's and
Chief Administrative Officer's responses to the appeal
(Id. at 44). Arnold re-submitted the grievance to
the ARB explaining that he had been transferred and could not
get the responses (Id. at 39). On September 17,
2015, the ARB reviewed Arnold's appeal a second time and
denied it because it was not submitted within 60 days of the
incident (Id. at 34).