James v. O'Sullivan

62 F. App'x 636
CourtCourt of Appeals for the Seventh Circuit
DecidedMarch 10, 2003
DocketNo. 01-2388
StatusPublished
Cited by15 cases

This text of 62 F. App'x 636 (James v. O'Sullivan) 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
James v. O'Sullivan, 62 F. App'x 636 (7th Cir. 2003).

Opinion

ORDER

When the Illinois Department of Corrections transferred Edward James to its Western Correctional Center (‘Western”), James refused to sign for his personal items, some of which were confiscated as contraband. He alleges that, as a result, he spent 49 days in segregation where he was denied soap, a toothbrush, toothpaste, and was subjected to filthy conditions such as a toilet that regularly backed up. James filed a grievance with his warden, but that was denied so he filed suit in the district court under 42 U.S.C. § 1983 alleging violations of his right to due process (by wrongfully being placed in segregation), and his right to be free from cruel and unusual punishment (by being denied personal hygiene items and cleaning supplies). The district court dismissed his suit in part because James failed to exhaust his administrative remedies, and in part because his allegations failed to state a claim. We affirm in part, vacate in part and remand for further proceedings.

According to his complaint, when James was transferred to Western, several of his personal items were confiscated, including his television, portable tape player, electric fan, and nail clippers. Although James had purchased these items at the commissary at the Dixon Correctional Facility, at Western they were considered contraband. James had been informed about the confiscation by a correctional officer, who told him to sign forms acknowledging receipt of his personal property and directing the prison to either have the confiscated property shipped, held for pickup, or destroyed. James refused to sign either form and so was placed in segregation.

In segregation, James alleges, he was not given the personal hygiene items inmates normally receive, including soap, a toothbrush, toothpaste, deodorant, a comb or fresh underwear. He alleges that he was also refused supplies to clean the toilet in his cell, which he says was caked with human waste and regularly backed up when inmates in neighboring cells flushed [638]*638their toilets. He says he asked several correctional officers for soap, toothpaste and cleaning supplies, but received none, though one officer did tell him that he had been denied any hygiene items because he had “pissed off’ the officers in the property room when he refused to sign the forms acknowledging receipt of his personal property.

James eventually filed a grievance with the prison warden on August 29, 1999, complaining about his placement in segregation and the lack of hygiene and cleaning supplies, and requesting the return of his personal property and damages of $100 for each day spent in segregation. The warden denied the grievance on September 15, 1999; that same day, James was transferred to another prison. A couple months later, James appealed the warden’s denial of his grievance by forwarding it to the Department of Corrections’ administrative review board, which declined to act on the appeal.

James filed suit, alleging that his placement in segregation for refusing to sign for his personal property violated his right to due process, and the withholding of personal hygiene items and cleaning supplies violated his right to be free from cruel and unusual punishment. The district court dismissed James’ complaint because he purportedly failed to appeal the warden’s denial of his grievance and so did not exhaust his administrative remedies. See Lewis v. Washington, 300 F.3d 829, 833 (7th Cir.2002). James sought reconsideration and tried to show that he had in fact filed an administrative appeal by attaching a copy of his November 1999 letter to the administrative review board (apparently James obtained a copy of this letter after filing his complaint).

The district court denied James’ motion for reconsideration. It held that even though James had apparently appealed the warden’s denial of his grievance, dismissal of his due process claim was still warranted because inmates have no liberty interest in staying out of segregation, and James therefore failed to state a due process claim. The court also held that dismissal of his cruel and unusual punishment claim was appropriate because James failed to include in his grievance any request for the items he alleges he was denied, such as soap, toothpaste, and cleaning supplies, and as a result did not exhaust his administrative remedies on that claim.

We review the district court’s decision to dismiss James’ complaint de novo. White v. City of Markham, 310 F.3d 989, 992 (7th Cir.2002). For the purpose of our review, we will accept as true his allegations and will affirm the dismissal only if it appears beyond doubt that James can prove no set of facts entitling him to relief. Id. Because James is proceeding pro se, we will construe his complaint liberally and subject it to less stringent scrutiny than a complaint prepared by counsel. See Alvarado v. Litscher, 267 F.3d 648, 651 (7th Cir.2001). James filed his notice of appeal in a timely fashion so as to challenge both the denial of his motion for reconsideration (which we construe under Federal Rule of Civil Procedure 59(e) because he filed it within ten days of the court’s dismissal) and the underlying judgment itself. See Edwards v. United States, 266 F.3d 756, 757-58 (7th Cir.2001).

James argues that the district court reviewed his grievance too restrictively in concluding that he failed to exhaust his administrative remedies on his cruel and unusual punishment claim, see 42 U.S.C. § 1997e(a). In reaching this conclusion, the court had focused on the inadequacy of James’ request for relief in his grievance. According to the court, James requested only the return of his property and money [639]*639damages for being placed in segregation, not that he be given hygiene items or cleaning supplies.

But unless a state has established a rule or regulation prescribing the contents of a grievance (which Illinois has not), the grievance “need not ... demand particular relief,” and is adequate as long as it “object[s] intelligibly to some asserted shortcoming.” Strong v. David, 297 F.3d 646, 650 (7th Cir.2002). The purpose of James’ grievance here was readily apparent. It detailed the toiletries and other items he was denied: “I was never giv[en] my correspondence box with my toothpaste, soap---- Everybody got theirs in segregation] but me.” He also vividly described the condition of his toilet, explaining, for instance, that “[waste] flushes from three other cells to my cell and it stinks.” These allegations adequately identified and described the shortcomings James was complaining about, and that is all that need be set forth in his grievance. The district court therefore erred when it held that James’ grievance was so inadequate as to render his administrative remedies unexhausted.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Parks 865693 v. Rewerts
W.D. Michigan, 2025
Hutchins 438751 v. Brown
W.D. Michigan, 2025
Hurd 349077 v. Taskila
W.D. Michigan, 2025
Diederich v. Washington
E.D. Michigan, 2025
Evans 367619 v. Washington
W.D. Michigan, 2024
Fox 425694 v. Heeke
W.D. Michigan, 2024
Duff 870201 v. Laponsie
W.D. Michigan, 2023
Cobb 370530 v. Burns
W.D. Michigan, 2023
Adams 462766 v. Poupard
W.D. Michigan, 2023
Nix v. Abbott
W.D. Michigan, 2023
Pruitt v. Goldsmith
N.D. Indiana, 2022
Pena 625133 v. Brown
W.D. Michigan, 2021
Perkins v. Bailey
W.D. Michigan, 2021

Cite This Page — Counsel Stack

Bluebook (online)
62 F. App'x 636, Counsel Stack Legal Research, https://law.counselstack.com/opinion/james-v-osullivan-ca7-2003.