Roberts v. Neal

745 F.3d 232, 2014 WL 929047, 2014 U.S. App. LEXIS 4529
CourtCourt of Appeals for the Seventh Circuit
DecidedMarch 11, 2014
DocketNo. 13-1335
StatusPublished
Cited by204 cases

This text of 745 F.3d 232 (Roberts v. Neal) 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
Roberts v. Neal, 745 F.3d 232, 2014 WL 929047, 2014 U.S. App. LEXIS 4529 (7th Cir. 2014).

Opinion

POSNER, Circuit Judge.

The plaintiff appeals from the dismissal of his pro se civil rights suit (see 42 U.S.C. § 1983) for failure to exhaust administrative remedies. Prison Litigation Reform Act, 42 U.S.C. § 1997e(a). He is an Illinois prison inmate who had been transferred to the Pinekneyville Correctional Center from the Big Muddy Correctional Center. The defendants are employees of the two prisons — Davis, Doty, Neal, Selby, and Woodside are employed by Big Muddy, and Alvis by Pinekneyville. The district court granted summary judgment in favor of all the defendants. We discuss the claim against Alvis first, then the claim against the Big Muddy defendants, including the separate grievance that Roberts claims to have filed against Davis.

While at Big Muddy, Roberts had broken his right hand in a fight with his cellmate, and he complains that he received inadequate treatment for the pain caused by the break. He says that he filed an “emergency” grievance (explained below) with Big Muddy’s warden and received no response to it; the Big Muddy defendants claim there’s no record of such a grievance.

It was several weeks after the injury that he was transferred to Pinekneyville. He says he told the receiving officer, defendant Alvis, that the staff at Big Muddy had authorized him to be assigned to the bottom bunk of the bed in his cell (it is difficult to climb into a top bunk with a broken hand), but that Alvis told him he’d have to work out his sleeping arrangements with his cellmate. He claims to have filed a grievance against Alvis, but Pinekneyville officials deny having received such a grievance.

The district court dismissed the claim against Alvis on the ground that there was no evidence besides Roberts’s say-so that he had filed a grievance against him, and if he hadn’t then he hadn’t exhausted his administrative remedies and couldn’t sue. Roberts provided no documentation to back up his claim, such as a copy of the grievance. But that was not an adequate basis for a grant of summary judgment. Roberts may have been lying about having filed a grievance — but alternatively the defendants may have been lying when they denied there was any record of such a grievance. A swearing contest requires an evidentiary hearing to resolve, and none was held. It’s true that while a trial is the standard means of resolving factual disputes, a judge can resolve an issue of exhaustion, like other threshold issues (such as jurisdiction), himself, in order to avoid multiple trials in the same case. But he can do that only after conducting an evidentiary hearing. Pavey v. Conley, 544 F.3d 739, 741-42 (7th Cir.2008).

On appeal, however, Roberts has forfeited his claim against Alvis by acknowledging that his grievance, though he says it was intended to embrace his mistreatment by Alvis, neither mentioned Al-vis by name nor provided information that should have identified him to the grievance officer. That was a fatal defect, as we’ll be noting with respect to another of Roberts’s grievances.

His other claims concern employees of Big Muddy. He complained to a prison [235]*235counselor at Pinckneyville about the lack of response to his Big Muddy grievance that named all but Davis, and was advised to refile the grievance with the Administrative Review Board. The Illinois prison system’s grievance process, prescribed in 20 Ill. Admin. Code §§ 504.800 et seg., typically begins at the prison level, with the filing of a grievance with a grievance officer. §§ 504.810-504.820. If the officer denies the grievance, and the warden affirms that denial, § 504.880(d), the prisoner can appeal to the Administrative Review Board, § 504.850(a), an entity within the Illinois Department of Corrections having statewide jurisdiction. §§ 504.800, 504.850(b)-(e). If, however, the grievance concerns events that took place at a prison other than the one in which the inmate is currently housed — as Roberts’s refiled grievance did since he’d been shunted to Pinckneyville after his injury at Big Muddy- — the inmate is directed to skip the grievance officer and send his grievance directly to the Administrative Review Board. §§ 504.870(a)(3), (4). Roberts did that. But the Board ruled that his appeal was untimely, coming as it did 70 days after his hand injury and thus ten days too late; for section 504.810(a) provides that “a grievance shall be filed within 60 days after the discovery of the incident, occurrence, or problem that gives rise to the grievance.” The district judge agreed, and so ruled that the Board had properly refused to accept Roberts’s appeal and therefore Roberts hadn’t exhausted his administrative remedies.

Roberts claims to have filed a separate grievance against one of the Big Muddy employees, nurse Davis. That claim was dismissed because, though she had mistreated him (he contends) at Big Muddy, Roberts had filed his grievance with a grievance officer at Pinckneyville; he should have filed it with the Administrative Review Board, as noted in the preceding paragraph. Dismissal on that ground was too abrupt, however, given the absence of any inquiry into what Roberts could reasonably be expected to know about the proper way to proceed against a prison employee in a different prison. It can’t be assumed without some evidence that a prisoner is aware of section 504.870(a)(4), which required Roberts, so far as his claim against Davis (or anyone else at Big Muddy) was concerned, to bypass all grievance officers and go directly to the Administrative Review Board, even though ordinarily the grievance procedure begins, as prisoners must know, with a complaint to a grievance officer. We have searched for publicly available material explaining in terms intelligible to lay persons how to proceed in the situation in which Roberts found himself, and have not found any; nor is there any in the record. Although “when administrative procedures are clearly laid out ... an inmate must comply with them in order to exhaust his remedies,” Pavey v. Conley, 663 F.3d 899, 905 (7th Cir.2011), prisoners must “be informed of the grievance procedure at the admitting facility.” § 504.810(d). Roberts filed his grievance against Davis at Pinck-neyville, and, as we’re about to see, it was likely to be interpreted as concerning mistreatment there rather than at Big Muddy, and in that event the grievance officer would not have told him to refile the grievance with the Administrative Review Board — and so far as we know did not tell him that.

The grievance has a fatal defect, but it lies elsewhere; it lies in the absence of anything in it to indicate that Davis was the target. It’s not merely that Roberts didn’t name her; a grievant is not required to know the name of the prison employee whom he’s complaining about — often he will not know the employee’s name — and [236]*236so it is enough if he “include[s] as much descriptive information about the individual as possible,” § 504.810(b). Roberts had failed to do this in his grievance against Alvis. He failed in spades to do so in the grievance that he now says was against Davis. For it states at the outset that it is intended “to express opposition [to] and disagreement” with a document issued by a doctor at Pinckneyville named Obadina.

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Cite This Page — Counsel Stack

Bluebook (online)
745 F.3d 232, 2014 WL 929047, 2014 U.S. App. LEXIS 4529, Counsel Stack Legal Research, https://law.counselstack.com/opinion/roberts-v-neal-ca7-2014.