United States District Court, W.D. Wisconsin
OPINION AND ORDER
BARBARA B. CRABB DISTRICT JUDGE
plaintiff Jamonte Allgood is proceeding on the following
claims under the Eighth Amendment:
(a) defendants CO Sgt. Hert, CO Weycker, CO Peotter and CO
Yang used excessive force against him;
(b) defendants CO Denial and Lt. Cushing failed to intervene
to prevent excessive force;
(c) defendants Cushing, Hert, Poetter, Weycker, Denial and
Yang subjected him to unconstitutional conditions of
(d) defendants RN Cassandra Baier and Lustey failed to
provide him adequate medical treatment.
before the court is defendants' motion for partial
summary judgment on the grounds that plaintiff failed to
exhaust his administrative remedies with respect to his
conditions of confinement and medical treatment claims. Dkt.
#58. As explained below, I am granting the motion and
dismissing plaintiff's conditions of confinement and
medical treatment claims without prejudice.
before the court is plaintiff's motion to lift the stay
of discovery. Dkt. #71. That motion will be denied as moot.
Under the Pretrial Conference Order, dkt. #40 at 8, discovery
was stayed pending resolution of defendants' exhaustion
motion. Now that the exhaustion motion has been resolved,
discovery may resume without a court order on the exhausted
42 U.S.C. § 1997e(a), “[n]o action shall be
brought with respect to prison conditions under section 1983
of this title, or any other Federal law, by a prisoner
confined in any jail, prison, or other correctional facility
until such administrative remedies as are available are
exhausted.” Generally, to comply with § 1997e(a),
a prisoner must “properly take each step within the
administrative process.” Pozo v. McCaughtry,
286 F.3d 1022, 1025 (7th Cir. 2002). This includes following
instructions for filing the initial grievance, Cannon v.
Washington, 418 F.3d 714, 718 (7th Cir. 2005), as well
as filing all necessary appeals, Burrell v. Powers,
431 F.3d 282, 284-85 (7th Cir. 2005), “in the place,
and at the time, the prison's administrative rules
require.” Pozo, 286 F.3d at 1025.
exhaust administrative remedies in Wisconsin, inmates must
follow the inmate complaint review process set forth in the
Wisconsin Administrative Code ch. DOC 310. In 2017 when
plaintiff filed his inmate complaints, the regulations
required prisoners to start the complaint process by filing
an inmate complaint with the institution complaint examiner
within 14 days after the occurrence giving rise to the
complaint. Wis. Admin. Code § DOC 310.09. If the inmate
complaint was dismissed, the inmate could appeal within 10
days of receiving notice of the dismissal. Id.
concede that plaintiff exhausted his administrative remedies
with respect to his excessive force and failure-to-intervene
claims. However, defendants contend that plaintiff failed to
exhaust his administrative remedies with regard to his
conditions of confinement and medical treatment claims.
respect to plaintiff's conditions of confinement claim,
defendants say that plaintiff has not filed any inmate
complaints complaining about his conditions of confinement.
Plaintiff has not identified any inmate complaint relevant to
his conditions of confinement claim. Therefore, I conclude
that plaintiff failed to exhaust his administrative remedies
with respect to that claim. Plaintiff's conditions of
confinement claim will be dismissed without prejudice.
respect to plaintiff's medical care claims, defendants
concede that plaintiff filed several inmate complaints
alleging inadequate medical care. However, they contend that
plaintiff failed to timely appeal any of the complaints
before bringing this lawsuit. A review of ...