United States District Court, S.D. Indiana, Indianapolis Division
ORDER GRANTING MOTION FOR PARTIAL SUMMARY JUDGMENT
AND DIRECTING DISMISSAL OF CLAIMS AND TERMINATION OF
EVANS BARKER, JUDGE
Kenneth Garland is a prisoner confined at the New Castle
Correctional Facility (NCCF). Mr. Garland filed this lawsuit
on February 14, 2018, raising several issues concerning his
medical care at NCCF.
defendants have moved for summary judgment on two of Mr.
Garland's claims, arguing that Mr. Garland failed to
exhaust his available administrative remedies as required by
the Prison Litigation Reform Act (PLRA), 42 U.S.C. §
1997e(a), before filing this lawsuit. For the reasons set
forth below, the motion for partial summary judgment must be
judgment should be granted “if the movant shows that
there is no genuine dispute as to any material fact and the
movant is entitled to judgment as a matter of law.”
Fed.R.Civ.P. 56(a). A “material fact” is one that
“might affect the outcome of the suit.”
Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248
(1986). A dispute is genuine only if a reasonable jury could
find for the non-moving party. Id. If no reasonable
jury could find for the non-moving party, then there is no
“genuine” dispute. Scott v. Harris, 550
U.S. 372, 380 (2007). The Court views the facts in the light
most favorable to the non-moving party, and all reasonable
inferences are drawn in the non-movant's favor. Ault
v. Speicher, 634 F.3d 942, 945 (7th Cir. 2011).
motion for summary judgment, “[t]he applicable
substantive law will dictate which facts are material.”
National Soffit & Escutcheons, Inc., v. Superior
Systems, Inc., 98 F.3d 262, 265 (7th Cir. 1996) (citing
Anderson, 477 U.S. at 248). The substantive law
applicable to this motion for summary judgment is the PLRA,
which requires that a prisoner exhaust his available
administrative remedies before bringing a suit concerning
prison conditions. 42 U.S.C. § 1997e(a); see Porter
v. Nussle, 534 U.S. 516, 524-25 (2002). “[T]he
PLRA's exhaustion requirement applies to all inmate suits
about prison life, whether they involve general circumstances
or particular episodes, and whether they allege excessive
force or some other wrong.” Porter, 534 U.S.
at 532 (citation omitted).
exhaustion demands compliance with an agency's deadlines
and other critical procedural rules because no adjudicative
system can function effectively without imposing some orderly
structure on the course of its proceedings.”
Woodford v. Ngo, 548 U.S. 81, 90-91 (2006) (footnote
omitted); see also Dale v. Lappin, 376 F.3d 652, 655
(7th Cir. 2004) (“In order to properly exhaust, a
prisoner must submit inmate complaints and appeals ‘in
the place, and at the time, the prison's administrative
rules require.'”) (quoting Pozo v.
McCaughtry, 286 F.3d 1022, 1025 (7th Cir. 2002)).
“In order to exhaust administrative remedies, a
prisoner must take all steps prescribed by the prison's
grievance system.” Ford v. Johnson, 362 F.3d
395, 397 (7th Cir. 2004).
the defendants' burden to establish that the
administrative process was available to Mr. Garland. See
Thomas v. Reese, 787 F.3d 845, 847 (7th Cir. 2015)
(“Because exhaustion is an affirmative defense, the
defendants must establish that an administrative remedy was
available and that [the plaintiff] failed to pursue
it.”). “[T]he ordinary meaning of the word
‘available' is ‘capable of use for the
accomplishment of a purpose,' and that which ‘is
accessible or may be obtained.'” Ross v.
Blake, 136 S.Ct. 1850, 1858 (2016) (internal quotation
omitted). “[A]n inmate is required to exhaust those,
but only those, grievance procedures that are capable of use
to obtain some relief for the action complained of.”
Id. at 1859 (internal quotation omitted).
Scope of Motion
April 26, 2018, the Court screened Mr. Garland's
complaint and identified four viable claims, each based on
the Eighth Amendment:
• claim against Dr. Ippel for failing to order a proper
• claim against Wexford, GEO Group, Davis, and
Winningham for refusing his medical bed;
• claim against Wexford, and Corizon for refusing Lyrica