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Slip Opinion
N.D. Ill.
2016
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Background

  • Jackson was jailed at Cook County DOC after a weapons charge; he alleges correctional officers used excessive force on August 14, 2013, fracturing his jaw and denying medical care.
  • Jackson filed an internal grievance on August 20, 2013; the response (signed September 5) stated the matter was referred to the Office of Professional Responsibility (OPR) for investigation and did not indicate sustained/denied.
  • Jackson did not appeal the response because he reasonably understood the referral to OPR to be an ongoing investigation; the inmate handbook did not disclose that an OPR referral required an appeal to exhaust.
  • Jackson was acquitted and released on October 10, 2013; two weeks later he was rearrested on an unrelated charge and rebooked into Cook County Jail on October 28, 2013.
  • Jackson’s counsel filed this §1983 complaint on October 28, 2013 at 2:40 p.m., after Jackson’s rearrest earlier that day but before he was booked into the county jail; defendants moved for summary judgment arguing PLRA exhaustion failure.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether Jackson failed to exhaust administrative remedies under the PLRA before filing suit Jackson contends his grievance was pending before OPR and he reasonably awaited its outcome; he lacked notice that an appeal was required Defendants contend Jackson had to appeal the response referring the grievance to OPR and thus failed to properly exhaust Court: Defendants failed to prove remedies remained available or that Jackson’s inaction constituted non-exhaustion; denial of summary judgment
Whether a person in booking/bond-setting process is a "prisoner" under §1997e(h) for PLRA purposes Jackson argues he was released between incarcerations and thus PLRA doesn’t apply when complaint was filed; even if in custody during booking, remedies tied to earlier incarceration were not necessarily available Defendants argue Jackson was in custody on Oct 28 and thus a prisoner required to exhaust Court: Unclear that booking-stage detainees had exhaustion duties for prior grievance; regardless, defendants didn’t show grievance procedures were available after release, so summary judgment denied
Whether referral to OPR constitutes a final adverse action triggering an appeal requirement to exhaust Jackson argues referral is not a denial and gives a detainee choice to wait for OPR or appeal; handbook does not inform inmates that OPR referral requires appeal Defendants point to internal policy and an affidavit asserting OPR participation does not satisfy exhaustion Court: Reasonable for inmate to await OPR results; absent notice in handbook, referral did not make appeal an obvious required step
Whether defendants met their burden to prove nonexhaustion Jackson: exhaustion was not available or clearly required post-release Defendants: assert nonexhaustion but presented no evidence that the grievance could be revived after release or that OPR proceeded Court: Defendants bear burden and failed to show administrative remedies were available after release; motion denied

Key Cases Cited

  • Woodford v. Ngo, 548 U.S. 81 (PLRA exhaustion promotes administrative resolution before suit)
  • Jones v. Bock, 549 U.S. 199 (defendants bear burden to prove failure to exhaust)
  • Ross v. Blake, 136 S. Ct. 1850 (availability of administrative remedies is question-dependent)
  • Witzke v. Femal, 376 F.3d 744 (Seventh Circuit on opportunity costs after release)
  • Dole v. Chandler, 438 F.3d 804 (Seventh Circuit: strict compliance with grievance rules)
  • Kerr v. Puckett, 138 F.3d 321 (released persons not prisoners under §1997e(h) for PLRA)
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Case Details

Case Name: Jackson v. Young
Court Name: District Court, N.D. Illinois
Date Published: Sep 26, 2016
Citations: 2016 WL 5390954; 1:13-cv-07713
Docket Number: 1:13-cv-07713
Court Abbreviation: N.D. Ill.
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