JON E. DEGUILIO, District Judge.
James E. Manley, a prisoner without a lawyer, is suing eight defendants for retaliating against him in violation of the First Amendment. The defendants filed a motion for summary judgment arguing that Manley did not exhaust his administrative remedies before filing suit as required by 42 U.S.C. § 1997e(a) which prohibits prisoners from bringing an action in federal court with respect to prison conditions "until such administrative remedies as are available are exhausted." "Failure to exhaust is an affirmative defense that a defendant has the burden of proving." King v. McCarty, 781 F.3d 889, 893 (7th Cir. 2015).
Manley acknowledges that "A grievance program existed at Miami Correctional Facility at the time of the events alleged by plaintiff, and complaints regarding actions of staff could be addressed through that program, including allegations of retaliation by staff."
In support of the motion for summary judgment, the defendants submitted the declaration
First Manley argues, "that Angela Heishman wrote to plaintiff stating that `you have exhausted all of your administrative remedies, and I cannot offer you any other type of relief.'" ECF 71 at 1 (brackets omitted). However, that statement was not made in reference to a grievance. It was made in reference to an appeal from a disciplinary hearing where Manley was found guilty of unauthorized computer access. ECF 23-2 at 36. Here is the full response written by Heishman:
ECF 30-3 at 58. Because Heishman did not tell Manley that he had exhausted the administrative remedies related to a grievance alleging that he had been retaliated against by any of the defendants, this is not a basis for denying the summary judgment motion.
Second, Manley argues that the grievance process could not provide him with a meaningful remedy because offenders are not permitted to seek, "staff discipline, job reassignment, and/or training . . . ."
Third, Manley argues that "in his grievance appeal concerning retaliation by Lt. Sterling, the plaintiff did state that defendants Sevier, Hobbs, and Bradley were involved in retaliatory conduct against plaintiff and those claims of retaliation were ignored by the final reviewing authority." ECF 71 at 2 (footnote omitted). On October 3, 2013, Manley filed a grievance (#78741) alleging that Lt. Sterling retaliated against him by filing a false conduct report on September 27, 2013, because Manley had filed a grievance against him. ECF 62-1 at 48. Grievance 78741 makes no mention of any of the eight defendants named in this lawsuit. Neither did it (nor could it) make any mention of their alleged acts of retaliation which had not yet occurred. Neither did it allege that he was being retaliated against for any of the reasons these eight defendants are alleged to have retaliated against him.
Fourth, Manley argues "[t]he PLRA does not limit exhaustion to grievance processes. By alerting prison officials to the problem through the classification and disciplinary processes, plaintiff satisfied the exhaustion requirement (see: Turley v. Rednour, 729 F.3d 645, 649 (7th Cir. 2013))." ECF 71 at 2. In Turley, the Seventh Circuit explained that, "Turley's February 2009 grievance, which was pursued to a final decision by the Director, suffices to exhaust the claims challenging lockdown policy." Turley v. Rednour, 729 F.3d 645, 650 (7th Cir. 2013). Turley makes no mention of the plaintiff in that case having used either the classification or disciplinary processes to alert prison officials. Turley makes no mention of classification or disciplinary proceedings substituting for the grievance process. Turley is not a basis for denying the summary judgment motion. Moreover, the Seventh Circuit has taken a "strict compliance approach to exhaustion." Dole v. Chandler, 438 F.3d 804, 809 (7th Cir. 2006). Thus, "unless the prisoner completes the administrative process by following the rules the state has established for that process, exhaustion has not occurred." Pozo v. McCaughtry, 286 F.3d 1022, 1023 (7th Cir. 2002). Because Manley did not do so, the summary judgment motion must be granted.
For these reasons, motion for summary judgment (ECF 62) is
SO ORDERED.
Superintendent Mark Sevier, Program Director Robert Eutz, Sergeant Kopensparger, and Officer Thomas for retaliating against him by firing him from his job on October 22, 2013, because he wrote three complaint letters to public officials;
Internal Affairs Investigator R. Hobbs for retaliating against him by writing a conduct report on November 5, 2013, which falsely accused Manley of using a computer in an unauthorized manner, because he had written six complaint letters to public officials and filed four lawsuits in the Miami Circuit Court;
Officer J. Larimore for retaliating against him by screening him on November 12, 2013, on a conduct report which he knew falsely accused Manley of using a computer in an unauthorized manner because he had written six complaint letters to public officials and filed four lawsuits in the Miami Circuit Court;
Sergeant R. Beemer for retaliating against him by denying him due process during a disciplinary hearing on November 19, 2013, on a conduct report which he knew falsely accused Manley of using a computer in an unauthorized manner because he had written six complaint letters to public officials and filed four lawsuits in the Miami Circuit Court; and
Classification Supervisor Kelli Bradley for retaliating against him on November 25, 2013, by transferring him to the L Housing Unit which she knew to be a more dangerous environment because he had sought a restraining order from the Miami Circuit Court on November 6, 2013, and filed a grievance appeal. ECF 31 at 7-8.