Raymond Stinde v. Tyson Brown, Heather Hood, Jeff Marnarti, Derek Brandt, David Evelsizer, Mary Zimmer, Donald Lindenberg, Frank Lawrence, Angela Crain, Mohammed Siddiqui, and Anthony Wills

CourtDistrict Court, S.D. Illinois
DecidedFebruary 2, 2026
Docket3:21-cv-01108
StatusUnknown

This text of Raymond Stinde v. Tyson Brown, Heather Hood, Jeff Marnarti, Derek Brandt, David Evelsizer, Mary Zimmer, Donald Lindenberg, Frank Lawrence, Angela Crain, Mohammed Siddiqui, and Anthony Wills (Raymond Stinde v. Tyson Brown, Heather Hood, Jeff Marnarti, Derek Brandt, David Evelsizer, Mary Zimmer, Donald Lindenberg, Frank Lawrence, Angela Crain, Mohammed Siddiqui, and Anthony Wills) is published on Counsel Stack Legal Research, covering District Court, S.D. Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Raymond Stinde v. Tyson Brown, Heather Hood, Jeff Marnarti, Derek Brandt, David Evelsizer, Mary Zimmer, Donald Lindenberg, Frank Lawrence, Angela Crain, Mohammed Siddiqui, and Anthony Wills, (S.D. Ill. 2026).

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS

RAYMOND STINDE, #R34993, ) ) Plaintiff, ) ) vs. ) Case No. 3:21-cv-01108-SMY ) TYSON BROWN, HEATHER HOOD, ) JEFF MARNARTI, DEREK BRANDT, ) DAVID EVELSIZER, MARY ZIMMER, ) DONALD LINDENBERG, ) FRANK LAWRENCE, ANGELA CRAIN, ) MOHAMMED SIDDIQUI, ) and ANTHONY WILLS,1 ) ) Defendants. )

MEMORANDUM AND ORDER

YANDLE, Chief District Judge: This matter is now before the Court for consideration of two motions for summary judgment for failure to exhaust administrative remedies filed by Defendant Mohammed Siddiqui (Doc. 105) and Defendants Angela Crain, Heather Hood, David Evelsizer, Frank Lawrence, and Donald Lindenberg (Doc. 107). For the following reasons, Defendants Evelsizer, Lawrence, Lindenberg, Crain, and Siddiqui’s motions will be GRANTED, and Defendant Hood’s motion will be DENIED. BACKGROUND Plaintiff Raymond Stinde is an inmate in the custody of the Illinois Department of Corrections (IDOC) and filed this lawsuit pursuant to 42 U.S.C. § 1983 while he was incarcerated at Menard Correctional Center. He asserts Eighth Amendment claims against the defendants for

1 The Clerk’s Office will be DIRECTED to UPDATE the docket sheet to reflect the correct spelling of each defendant’s name as reflected in the case caption and listed in their Answers, see Docs. 63, 64, 75, and 87. their alleged deliberate indifference to his unconstitutional living conditions and chronic joint pain for two months beginning on July 11, 2019.2 Plaintiff makes the following allegations in the Second Amended Complaint: Plaintiff transferred from Pinckneyville Correctional Center to Menard Correctional Center following an

altercation with another inmate on July 11, 2019. He was punished with two months in segregation. Plaintiff was housed in a dirty segregation cell equipped with a rusty bedframe and urine- stained mattress without bedding or a mattress protector. He was given no hygiene supplies and no access to cold water. He also had no access to his personal belongings for several weeks. Defendants Brown, Marnarti, Brandt, Hood, Evelsizer, Lindenberg, and Lawrence failed to provide bedding and hygiene items when he asked. Plaintiff was also denied medication for joint pain associated with lupus after requesting it daily beginning on July 11, 2019. Although Nurse Practitioner Mary Zimmer increased his prescription pain medication to 800 mg of Ibuprofen on August 1, 2019, Defendants Zimmer,

Crain, and Siddiqui failed to provide it from July 11, 2019 until October 11, 2019. Id. The Second Amended Complaint (Doc. 44) survived preliminary screening under 28 U.S.C. § 1915A on the following claims (see Doc. 45): Count 1: Eighth Amendment claim against Brown, Marnarti, Brandt, Hood, Evelsizer, Lindenberg, and Lawrence for subjecting Plaintiff to unconstitutional living conditions in segregation for two months beginning July 11, 2019.

Count 2: Eighth Amendment claim against Zimmer, Crain, and Siddiqui for exhibiting deliberate indifference to Plaintiff’s chronic joint pain associated with lupus beginning July 11, 2019.

2 Plaintiff filed a Complaint (Doc. 1) on September 7, 2021, a First Amended Complaint (Doc. 38) on June 28, 2023, and a Second Amended Complaint (Doc. 44) on August 30, 2023. The Second Amended Complaint now controls. See Docs. 44-45. Id. In their Answers to the Second Amended Complaint, see Docs. 63, 64, 75, and 87, all defendants raised an affirmative defense based on Plaintiff’s alleged failure to exhaust his available administrative remedies before bringing this lawsuit. Defendants Brown, Marnarti, Brandt, and Zimmer later withdrew the affirmative defense, see Docs. 86 and 94, while Defendants Siddiqui,

Hood, Evelsizer, Lindenberg, Lawrence, and Crain moved for summary judgment, see Docs. 105 and 107. MOTIONS FOR SUMMARY JUDGMENT Defendants Hood, Evelsizer, Lawrence, and Lindenberg seek summary judgment on Count 1, see Doc. 107, and Defendants Siddiqui and Crain seek summary judgment on Count 2, see Docs. 105 and 107. Defendants point out that Plaintiff knew how to use the grievance process and did so regularly. Defendant Siddiqui concedes that Plaintiff properly exhausted one grievance for each claim (Doc. 106, ¶¶ 12, 14), and the other defendants do not dispute that he completed each step of the grievance process for those two grievances. They argue however that Plaintiff’s grievance about the inadequate living conditions in Count 1 focused on misconduct of lower-level

staff for issues that were addressed by the time he wrote the grievance, and his grievance addressing inadequate pain management for his lupus in Count 2 did not properly identify the defendants or describe misconduct by them. Plaintiff argues his grievances provide timely and sufficient notice of both claims against all defendants based on his general description of them, his description of their misconduct, or their supervisory roles opposes summary judgment. (Docs. 110 and 111). FACTS The following material facts are taken from pleadings, affidavits, depositions, admissions, and answers to interrogatories and are considered undisputed for purposes of the pending motions: Plaintiff filed two grievances that are dipositive of the pending summary judgment motions:3 Grievance #32-9-19 and Grievance #162-10-19. (Docs. 107-1, ¶ 14; Docs. 110, 111) Grievance #32-9-19 addresses the unconstitutional conditions of confinement at issue in Count 1. (Doc. 107-1, ¶ 12, pp. 170-75). Grievance #162-10-19 addresses the denial of pain medication for

joint pain associated with lupus at issue in Count 2. (Doc. 107-1, pp. 133-44). Both grievances are summarized below. Grievance 1: #32-9-19 (Count 1) In Grievance #32-9-19 dated August 26, 2019, Plaintiff complains about his conditions of confinement in a dirty segregation cell beginning July 11, 2019. (Doc. 107-1, pp. 170-75). He states he requested and was denied a bedroll, hygiene bag, and cold water, even after Officers Brandt, Brown, Marnarti, and Held promised to provide these items to him. Id. at 173-75. Plaintiff reportedly submitted a written request for grievance forms and money vouchers to Counselor Hood in mid-July 2019, and she indicated that both were available on the gallery. On July 15, 2019, Plaintiff responded by saying that his daily requests for these forms were ignored, and he asked

for Hood’s help addressing the conditions in his cell, the denial of a bedroll, and the lack of hygiene supplies. Id. Hood agreed to inform a lieutenant about the issues, but Plaintiff never heard from Hood again. Id. Plaintiff received some personal property, including soap, toothpaste, and deodorant, from Pinckneyville on July 27, 2019. Id. He showered for the first time at Menard on July 28, 2019 (Plaintiff declined a shower because he had no hygiene items, clothing, or towels on July 18 and/or

3 For the first time, in his Amended Motion for Summary Judgment, Defendant Siddiqui identifies a third grievance complaining of inadequate medical care that Siddiqui claims Plaintiff did not pursue beyond the first level of the grievance process: Grievance #154-12-19 (Doc. 106, ¶¶ 11, 13; Doc. 106-1, p. 1). Siddiqui did not identify or discuss this grievance in the original summary judgment motion or seek leave to expand the scope of the summary judgment motion when he amended it pursuant to court order. No other parties address it. Moreover, because this grievance has no bearing on the outcome of the pending motions, the Court will not discuss it in any detail. 19, 2019). Id. He was then seen by a nurse practitioner for treatment of a rash that he developed from his exposure to these conditions. Id. See also Doc.

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Raymond Stinde v. Tyson Brown, Heather Hood, Jeff Marnarti, Derek Brandt, David Evelsizer, Mary Zimmer, Donald Lindenberg, Frank Lawrence, Angela Crain, Mohammed Siddiqui, and Anthony Wills, Counsel Stack Legal Research, https://law.counselstack.com/opinion/raymond-stinde-v-tyson-brown-heather-hood-jeff-marnarti-derek-brandt-ilsd-2026.