Barghouti v. Davis

MOTION for Summary Judgment

S.D. Ill.October 18, 2013

1 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS EAST St. LOUIS DIVISION JAMAL BARGHOUTI, #R-57068, ) ) Plaintiff, ) ) -vs- ) No. 12-1258-GPM ) WARDEN RANDY PFISTER, SARAH ) JOHNSON, OFFICER DAVIS, and ) DAVID REDNOUR, ) ) Defendants. ) DEFENDANTS’ MOTION FOR SUMMARY JUDGEMENT ON EXHAUSTION OF ADMINISTRATIVE REMEDIES NOW COMES the Defendant, RYAN DAVIS, by and through his attorney LISA MADIGAN, Attorney General of the State of Illinois, and hereby files the instant Motion for Summary Judgment, stating as follows: 1. On December 11, 2012, Plaintiff, Jamal Barghouti (#R-57068) filed his initial complaint pursuant to 42 U.S.C. § 1983. (Doc. 1). 2. Plaintiff was incarcerated within the Illinois Department of Corrections at Stateville Correctional Center when he filed the instant complaint. 3. On March 22, 2013, the Court conducted a Merit Review pursuant to 28 U.S.C. § 1915A. The Court determined that Plaintiff had adequately stated an Eighth Amendment claim against Defendant Davis. 4. Defendant Davis respectfully submits that no genuine issue of material fact exists regarding Plaintiff’s failure to exhaust his administrative remedies prior to filing this suit and that Defendant’s Motion for Summary Judgment should be granted. 2 5. A memorandum of law in support of the instant motion for summary judgment is filed simultaneously and incorporated herein. WHEREFORE, for the above-stated reasons, Defendant respectfully requests this Honorable Court grants his Motion for Summary Judgment on Exhaustion of Administrative Remedies. Respectfully submitted, RYAN DAVIS, Defendant, LISA MADIGAN, Attorney General, State of Illinois, Attorney for Defendant, By: s/ Bradley D. Gillespie Bradley D. Gillespie, #6281462 Assistant Attorney General 500 South Second Street Springfield, Illinois 62706 (217) 782-9056 Phone (217) 782-8767 Fax E-Mail: Bgillespie@atg.state.il.us 3 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS EAST St. LOUIS DIVISION JAMAL BARGHOUTI, #R-57068, ) ) Plaintiff, ) ) -vs- ) No. 12-1258-GPM ) WARDEN RANDY PFISTER, SARAH ) JOHNSON, OFFICER DAVIS, and ) DAVID REDNOUR, ) ) Defendants. ) CERTIFICATE OF SERVICE I hereby certify that on October 18, 2013, the foregoing document, Defendant’s Motion for Summary Judgment on Exhaustion of Administrative Remedies, was electronically filed with the Clerk of the Court using the CM/ECF system, and I hereby certify that on the same date, I caused a copy of the foregoing described document to be mailed by United States Postal Service, in an envelope properly addressed and fully prepaid, to the following non-registered participant: Jamal Barghouti, #R-57068 Stateville Illinois Correctional Center Route 53, P.O. Box 112 Joliet, Illinois 60434 Respectfully Submitted, s/ Bradley D. Gillespie Bradley D. Gillespie, #6281462 Assistant Attorney General 500 South Second Street Springfield, Illinois 62706 (217) 782-9056 Phone (217) 782-8767 Fax E-Mail: Bgillespie@atg.state.il.us