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Thompson v. Thompson

United States District Court, S.D. Illinois

July 16, 2018

DENNIS THOMPSON, Plaintiff,
v.
MISTY THOMPSON, et al., Defendants.

          MEMORANDUM AND ORDER

          STACI M. YANDLE UNITED STATES DISTRICT JUDGE

         Plaintiff Dennis Thompson, an inmate in the custody of the Illinois Department of Corrections (“IDOC”), filed 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”). Specifically, Plaintiff alleges officials at Menard failed to treat his degenerative joint/disc disease and retaliated against him for engaging in protected activity. Following threshold review, Plaintiff proceeds on the following Counts:

Count 1 - Eighth Amendment claim against Jane Doe, Tripp and Thompson for exhibiting deliberate indifference to Plaintiff's serious medical condition (DJD and associated symptoms) on or about December 2016.
Count 2 - Eighth Amendment claim against Thompson for exhibiting deliberate indifference to Plaintiff's serious medical condition (DJD and associated symptoms) by refusing to provide Plaintiff with pain medication on or about February 29, 2016.
Count 3 - Eighth Amendment claim against Tripp for exhibiting deliberate indifference to Plaintiff's serious medical condition (DJD and associated symptoms) by refusing to provide Plaintiff with his Neurontin prescription, beginning on or about June 8, 2017.
Count 4 - Eighth Amendment claim against Trost for exhibiting deliberate indifference to Plaintiff's serious medical condition (DJD and associated symptoms) by failing to refer Plaintiff to physical therapy and/or failing to refer Plaintiff for a second evaluation with the outside specialist in a timely manner.
Count 5 - First Amendment retaliation claim against Tripp, Thompson and Trost for retaliatory conduct in 2016 and 2017 motivated by Plaintiff's civil lawsuits and grievances.

         This matter is now before the Court on Defendant Tripp's Motion for Summary Judgment on Count Three for Failure to Exhaust Administrative Remedies (Doc. 76). Plaintiff filed a Response (Doc. 80). For the following reasons, Defendant's motion is GRANTED.

         Background

         Plaintiff asserts that he exhausted his administrative remedies when he filed the following grievances relating to his medical treatment:

         December 12, 2016: Thompson states that on December 4, 2016, “Jane Doe” nurse made rounds during the 3-11 shift to pass out medication, and he explained to her that he had severe degenerative joint disease and with hip dysplasia. He explained that he was in severe pain and experiencing edema and needed to be a priority for the doctor call line.

         On December 6, 2016, he spoke to Nurse Tripp during the 7-3 shift and again explained his medical issues. He requested emergent treatment and upon refusal, asked her to provide him temporary pain medication because he did not have any in his possession.

         He attempted to speak with Nurse Tripp again on December 8, 2016, and she told him she would return but she failed to do so. The next day, he suffered severe spasms causing him to collapse on the cell floor. Nurse Tripp responded to the emergency medical call, observed him yelling in pain, and rendered no aid. He was transferred to the health care unit by other security staff.

         The relief requested was that he be seen by Medical Director Trost and that he be awarded compensation for damages for his pain and ...


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