United States District Court, S.D. Indiana, Indianapolis Division
ENTRY GRANTING MOTIONS FOR SUMMARY JUDGMENT AND
DIRECTING ENTRY OF FINAL JUDGMENT
R. SWEENEY II JUDGE
Kevin Payton, an inmate at the Pendleton Correctional
Facility (Pendleton), filed this civil rights action on
December 4, 2018. The defendants in this action are Dr. Paul
Talbot, Corizon Medical (Corizon), Wexford Health Services
(Wexford), and Warden Dushan Zatecky. Mr. Payton alleges that
Dr. Paul Talbot, Corizon, and Wexford failed to provide him
with timely medical care. He further alleges that Warden
Zatecky ordered all medical staff to provide the bare minimum
of health care.
four defendants have moved for summary judgment seeking
resolution of the claims against them on the basis that Mr.
Payton failed to exhaust his available administrative
remedies before filing this action. Dkt. 25; dkt. 32; dkt.
35. For the reasons explained in this Entry, the
defendants' motions for 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). “Material facts are those that
might affect the outcome of the suit under applicable
substantive law.” Dawson v. Brown, 803 F.3d
829, 833 (7th Cir. 2015) (internal quotation omitted).
“A genuine dispute as to any material fact exists
‘if the evidence is such that a reasonable jury could
return a verdict for the nonmoving party.'”
Daugherty v. Page, 906 F.3d 606, 609-10 (7th Cir.
2018) (quoting Anderson v. Liberty Lobby, Inc., 477
U.S. 242, 248 (1986)). 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. See
Barbera v. Pearson Educ., Inc., 906 F.3d 621, 628 (7th
substantive law applicable to the motions for summary
judgment is the Prison Litigation Reform Act
(“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.” Id. 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 Dole v. Chandler, 438 F.3d 804,
809 (7th Cir. 2006) (“‘To exhaust remedies, a
prisoner must file 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)).
law establishes the administrative remedies that a state
prisoner must exhaust for purposes of the PLRA.”
Lanaghan v. Koch, 902 F.3d 683, 687 (7th Cir. 2018).
“Because exhaustion is an affirmative defense, the
defendants must establish that an administrative remedy was
available and that [the plaintiff] failed to pursue
it.” Thomas v. Reese, 787 F.3d 845, 847 (7th
Cir. 2015); see also Kaba v. Stepp, 458 F.3d 678,
681 (7th Cir. 2006).
screening Entry of May 6, 2019, dkt. 14, the Court described
Mr. Payton's claims as follows:
Mr. Payton alleges that as a result of Officer Ward attacking
him on November 16, 2016, he suffered serious injuries. He
alleges he complained to medical staff about his injuries for
several weeks but he was denied treatment by the physician
and staff. He then wrote a health care request stating that
one of his testicles had been kicked up into the inguinal
canal, he had a hard erection, and he could not urinate since
the attack. Once he was seen by medical, he was sent to a
local hospital where it was determined that he required
surgery (an orchiectomy) on February 14, 2017. He alleges
that Superintendent (now called “Warden”) Zatecky
ordered all medical staff to ...