Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Lisle v. Lawrence

United States District Court, S.D. Illinois

January 3, 2020

STEVEN D. LISLE, JR., Plaintiff,
v.
FRANK LAWRENCE, et al., Defendants.

          MEMORANDUM AND ORDER

          Hon. Reona J. Daly, United States Magistrate Judge

         The matter is before the Court on the Motion for Summary Judgment for Failure to Exhaust Administrative Remedies (Doc. 37) filed by Defendant Dr. Eva Leven.[1] For the following reasons, Defendant's motion is GRANTED.

         Background

         Plaintiff Steven Lisle, Jr., 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”). Following threshold review, Plaintiff proceeds in this case on the following claims:

Count 6: Eighth Amendment claim against Lieutenant Bridges, Officer Wine, Officer Porter, Sergeant/Officer Jones, and Officer James Shemoney for using excessive force against Plaintiff, sexually assaulting him, and/or failing to intervene and protect him from sexual assault in the second-floor staircase at Menard on April 5, 2019.
Count 7: Eighth Amendment claim against Lieutenant Bridges, Officer Wine, Officer Porter, Sergeant/Officer Jones, and Officer James Shemoney for maliciously and sadistically forcing Plaintiff to move from Menard's HCU to a crisis cell partially nude and fully exposed as inmates and prison officials watched and laughed on April 5, 2019.
Count 8: Eighth Amendment claim against Lieutenant Bridges for forcing Plaintiff to strip nude, place his face on the ground, and stick his buttocks up in plain view of male and female staff and other inmates on April 5, 2019.
Count 9: Eighth Amendment claim against Lieutenant Bridges, Officer Wine, Officer Porter, Sergeant/Officer Jones, Officer James Shemoney, Doctor Levey, and Warden Lawrence for denying Plaintiff medical or mental health treatment following the assault on April 5, 2019.
Count 10: Eighth Amendment claim against Doctor Levey for failing to intervene to protect Plaintiff from the staff misconduct that occurred at Menard on April 5, 2019.
Count 11: Illinois state law claim against Warden Lawrence and Lieutenant Gee for negligent spoliation of DNA and other evidence of the assault on April 5, 2019.

         Defendant Leven filed a motion for summary judgment asserting Plaintiff failed to properly exhaust his administrative remedies as to the claims against her in Counts 9 and 10 prior to filing this lawsuit (Doc. 37). Plaintiff filed a Response[2] (Doc. 46). Defendant filed a Reply (Doc. 49).

         The Court reviews the following relevant grievance contained in the record.

         April 7, 2019 (Doc. 46-1): The nature of this grievance is marked as “staff conduct” and “medical treatment.” The grievance summary states in its entirety:

April 5, 2019 from 11 am - 3 pm, I request the camera footage be saved. North 2, 5 Gallery crisis watch area, North 1 elevator, North 2 building, camera footage to be saved. I seek to file PREA. I was sexually assaulted and violated. My constitutional 8 ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.