Darrin Gruenberg v. Timothy Lundquist

318 F. App'x 424
CourtCourt of Appeals for the Seventh Circuit
DecidedAugust 21, 2008
Docket08-1251
StatusUnpublished
Cited by1 cases

This text of 318 F. App'x 424 (Darrin Gruenberg v. Timothy Lundquist) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Darrin Gruenberg v. Timothy Lundquist, 318 F. App'x 424 (7th Cir. 2008).

Opinion

ORDER

Wisconsin inmate Darrin Gruenberg brought this civil-rights suit against vari *425 ous Wisconsin officials claiming that they were deliberately indifferent to his mental-health needs when they refused to transfer him to the Wisconsin Resource Center (WRC). See 42 U.S.C. § 1983. The district court granted summary judgment in favor of the defendants and dismissed the case, finding that Gruenberg had not exhausted the Wisconsin prison system’s administrative remedies. We affirm.

As the district court noted, Gruenberg’s “proposed findings of fact” were filed too late and failed to include citations to the record, as required by Eastern District of Wisconsin Civil Local Rule 56.2(b). Because Gruenberg did not comply with the rule, the court properly disregarded his proposed findings. See E.D. WIS. CIV. L.R. 56.2(e); Fabriko Acquisition Corp. v. Prokos, 536 F.3d 605, 607-08 (7th Cir.2008); see also McNeil v. United States, 508 U.S. 106, 113, 113 S.Ct. 1980, 124 L.Ed.2d 21 (1993) (pro se civil litigants required to follow procedural rules). The court, however, considered the admissible evidence Gruenberg submitted; so, we also take the facts from the defendants’ proposed findings of fact and from Gruenberg’s admissible evidence.

WRC is operated by Wisconsin’s Department of Health and Family Services to provide supervision, treatment, and programming for inmates who need “extensive mental health services.” For an inmate to gain admission to WRC, first the psychological supervisor at the inmate’s prison must submit a formal request, and then WRC’s officials review the request and decide whether to accept the inmate.

From October 2002 until December 2003, Gruenberg was incarcerated at WRC to participate in an anger-management program. While at WRC Gruenberg resisted treatment, lied to the staff, got into fights, and was generally uncooperative. The Department of Corrections’s program review committee, which annually evaluates each inmate to determine whether the inmate should be transferred to a different facility, see Wis. Admin. Code § DOC 302.15, determined that Gruenberg’s “conduct has become a barrier to benefitting from programming.” Based on the committee’s recommendation, the Department of Corrections transferred Gruenberg to the Green Bay Correctional Institution, where guards could monitor him more closely. The committee provided Gruen-berg with a written decision and notified him of his right to appeal to the director of the Bureau of Offender Classification and Movement, see Wis. Admin. Code §§ DOC 302.03(8), DOC 302.18, but Gruenberg did not challenge the decision.

From December 2003 until he brought this suit in March 2006, Gruenberg made it his mission to gain readmission to WRC, or so he told his psychologists. His medical records show that he cut himself repeatedly with shards of glass and plastic, bit himself, threatened to commit suicide, and had problems controlling his behavior. He was examined many times by three psychologists at two prisons. They agreed that Gruenberg had problems controlling his conduct and that he was obsessed with his plan to get readmitted to WRC, and they all concluded, however, that he did not suffer from a mental illness. Despite the unsupported statements to the contrary in Gruenberg’s verified complaint and affidavit, there is no evidence that any psychologist recommended, formally or informally, that he be admitted to WRC.

Still Gruenberg persevered. He sent at least two letters to the admissions director of WRC requesting to be readmitted. The center responded that it does not accept informal requests for admittance and that only the staff at the prison where the inmate is housed can submit a formal application. In April 2005 Gruenberg at *426 tended a periodic review with the program review committee and requested a transfer to WRC. The committee denied the request and instead recommended transfer to different facility. The committee gave him a copy of its decision and informed him of his right to appeal, but he did not do so. In July 2005 Gruenberg submitted a complaint requesting a transfer to WRC, but the inmate complaint examiner rejected it explaining that decisions about transfers are outside the scope of the inmate complaint review process.

Gruenberg then filed suit alleging that staff at WRC and the Department of Health and Family Services knew that he was experiencing “acute psychological problems” that could be treated only at WRC but ignored his pleas to be admitted. The parties conducted discovery and the state officials moved for summary judgment, arguing that Gruenberg had failed to exhaust his administrative remedies and that, in any event, he had not put forward sufficient evidence that they were deliberately indifferent to a serious medical need. The district court granted the motion, holding that Gruenberg had not exhausted his administrative remedies because he did not appeal the determinations of the program review committee first recommending a transfer out of WRC and then rejecting his request to be transferred back. We review de novo both a district court’s decision to grant summary judgment and its conclusion that a plaintiff has failed to exhaust administrative remedies. See Obriecht v. Raemisch, 517 F.3d 489, 492 (7th Cir.2008).

Gruenberg argues that there was no procedure for him to request a transfer to WRC and thus that there were no available administrative remedies for him to exhaust. A prisoner must exhaust all available administrative remedies before he can bring a civil-rights action in federal court challenging any aspect of prison life. See 42 U.S.C. § 1997e(a); Porter v. Nussle, 534 U.S. 516, 532, 122 S.Ct. 983, 152 L.Ed.2d 12 (2002); Obriecht, 517 F.3d at 492. A remedy is available so long as an administrative procedure can lead to some relief, even if it is not the precise relief the inmate wants. See Booth v. Churner, 532 U.S. 731, 741 & n. 6, 121 S.Ct. 1819, 149 L.Ed.2d 958 (2001); Larkin v. Galloway, 266 F.3d 718, 723 (7th Cir.2001). So, if the Department of Corrections can take some action in response to an inmate’s complaint, then the inmate is required to follow the department’s procedures before he runs to court. See Dole v. Chandler, 438 F.3d 804, 809 (7th Cir.2006).

Gruenberg explains that he did not appeal the two decisions he received from the program review committee because neither the committee nor the director of the Bureau of Offender Classification and Movement has the authority to grant him admission to WRC.

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Related

Darrin Gruenberg v. Debra Gempeler
697 F.3d 573 (Seventh Circuit, 2012)

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Bluebook (online)
318 F. App'x 424, Counsel Stack Legal Research, https://law.counselstack.com/opinion/darrin-gruenberg-v-timothy-lundquist-ca7-2008.