Rodger Thornton v. Donald N. Snyder, Jr., Director, James M. Schomig, Warden, and Captain Josh J. Shettleworth

428 F.3d 690, 2005 U.S. App. LEXIS 23723, 2005 WL 2877716
CourtCourt of Appeals for the Seventh Circuit
DecidedNovember 3, 2005
Docket04-1500
StatusPublished
Cited by159 cases

This text of 428 F.3d 690 (Rodger Thornton v. Donald N. Snyder, Jr., Director, James M. Schomig, Warden, and Captain Josh J. Shettleworth) 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
Rodger Thornton v. Donald N. Snyder, Jr., Director, James M. Schomig, Warden, and Captain Josh J. Shettleworth, 428 F.3d 690, 2005 U.S. App. LEXIS 23723, 2005 WL 2877716 (7th Cir. 2005).

Opinion

WILLIAMS, Circuit Judge.

Rodger Thornton, an inmate in the Illinois Department of Corrections, filed a civil rights action alleging that prison officials violated his right to be free from cruel and unusual punishment. The district court granted summary judgment in the defendants’ favor on his cell conditions claims but allowed a claim concerning yard exercise privileges to continue. Thofnton raises two issues on appeal. First, he argues that summary judgment on his cell conditions claims was inappropriate, as he contends that he exhausted his administrative remedies. Because Thornton filed grievances concerning his cell conditions that corrections officials remedied before the conclusion of the administrative grievance process, we agree with Thornton that he exhausted his administrative remedies. Therefore, we reverse the grant of summary judgment on Thornton’s cell conditions claims. In addition, although Thornton maintains the district court’s decision to conduct the trial of the yard exercise claim by videoconference was erroneous, we conclude that the district court did not abuse its discretion when it conducted the trial of his remaining claim by videoconference and so affirm the judgment in favor of the defendants on that claim.

This seg cell north 106 is in very poor shape. There appears to be human feces smeared on the walls covering most of the inside of the cell. It has a foul smell to it. The toliet leaks. There is 2 to 3 inches of water on the floor, it clearly has a sewer aroma to it. The water that comes from the sink is discolored it looks like rust water. The conditions of this mattress sir is so bad that there is no way that I can or will sleep on it. Its stained and its got a piss smell to it .... I can’t even eat cuz of the smell in this cell. I’ve already had several asthma attacks since I’ve been back here. Sir please help this is just not right at all.... Please I beg of you before I contract some major health problems get me out of here.

I. BACKGROUND

Rodger Thornton is an inmate in the Illinois Department of Corrections serving a life sentence. On January 13, 2000, after a disciplinary charge, corrections officials placed Thornton in Cell 106 of the Pontiac Correctional Center, a segregation cell. Several days later, he wrote letters to defendants Donald Snyder, Jr., Director of the Pontiac Correctional Center, Warden James Schomig, and Captain Josh Shettle-worth expressing displeasure about the conditions of his cell. He received no response. On January 28, Thornton submitted an emergency grievance to Warden Schomig complaining about the conditions in his cell. In this grievance, he asked to be moved from his cell. 1 Thorn ton subsequently received a letter stating that his grievance did not constitute an emergency.

*693 By February 22, officials had transferred Thornton from Cell 106 to Cell 752. On that day, Thornton filed a grievance concerning the poor condition of the mattress in Cell 752. He requested a clean mattress. After receiving another unsatisfactory mattress, Thornton was furnished with a satisfactory mattress on May 11. On May 12, prison officials dismissed the February 22 grievance as moot because Thornton had received an acceptable mattress. The record contains no indication that Thornton appealed either grievance to Director Snyder.

Thornton later filed a lawsuit pursuant to 42 U.S.C. § 1983, alleging that the defendants violated his Eighth Amendment right to be free from cruel and unusual punishment. First, he sought damages for the time confined in Cell 106 and for the time confined in Cell 752 without mattress. In addition to the claims concerning his cell conditions, he alleged that officials denied him the privilege of yard exercise for approximately Pk months. The district court granted the defendants’ motion for summary judgment on his cell condition claims, reasoning that Thornton failed to exhaust his administrative remedies with respect to these claims.

In contrast, the district court denied the defendants’ motion for summary judgment on Thornton’s deprivation of yard exercise claim. Before trial, the district court received evidence concerning Thornton’s security risk at an ex parte hearing. A casework supervisor at the Stateville Correctional Center in Joliet, Illinois, where Thornton was incarcerated at the time, testified under oath that Thornton was serving a life sentence. She further testified that Thornton, thirty-four years old at the time, was classified as an “extremely high escape risk.” She stated he had a “moderate aggression level” and was currently assigned to a unit for inmates with “high to moderate aggression levels.” In addition, she told the court that at least two security officers, including one lieutenant, would be needed to transport him to court.

In light of the high security and escape risk Thornton posed, in addition to the fact that approximately twenty persons from the Department of Corrections (both inmates and employees) were listed as potential witnesses, the district court decided to conduct the trial by video-conference. At trial, Thornton and the defense counsel appeared via videoconference and were not physically present in the courtroom with the jury. In addition, all the witnesses testified by videoconference, save one that testified by telephone. ■ The jury returned a verdict for the defendants, and Thornton appeals.

II. ANALYSIS

A. Exhaustion of Administrative Remedies

We review tie district court’s grant of summary judgment de novo. McCoy v. Gilbert, 270 F.3d 503, 508 (7th Cir.2001). “Ordinarily, plaintiffs pursuing civil rights claims under 42 U.S.C. § 1983 need not exhaust administrative remedies before filing suit in court.” Porter v. Nussle, 534 U.S. 516, 523, 122 S.Ct. 983, 152 L.Ed.2d 12 (2002). In 1996, however, as part of the Prison Litigation Reform Act (“PLRA”), Congress made exhaustion a mandatory prerequisite for a prisoner’s suit concerning the conditions of his confinement brought under section 1983. Porter, 534 U.S. at 524, 122 S.Ct. 983. The PLRA’s exhaustion provision now reads: “No 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 administra *694 tive remedies as are available are exhausted.” 42 U.S.C. § 1997e(a).

“[T]he PLRA’s exhaustion requirement applies to all inmate suits about prison life,” Porter, 534 U.S. at 532, 122 S.Ct. 983, and “an inmate must exhaust irrespective of the forms of relief sought and offered through administrative avenues.” Booth v. Churner, 532 U.S.

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Bluebook (online)
428 F.3d 690, 2005 U.S. App. LEXIS 23723, 2005 WL 2877716, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rodger-thornton-v-donald-n-snyder-jr-director-james-m-schomig-ca7-2005.