Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Watson v. State

United States District Court, E.D. Michigan, Southern Division

June 29, 2018

OSCAR LEE WATSON, Plaintiff,
v.
STATE OF MICHIGAN, et al, Defendant.

          ORDER GRANTING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT (DOC. #21)

          Victoria A. Roberts, United States District Judge.

         The State of Michigan - acting through the Michigan Department of Corrections (“MDOC”) - the Gus Harrison Correctional Facility (“Gus Harrison”), Sherman Campbell, David Messer, Brent Ford, and Judy Siegel (collectively, the “State Defendants”) filed a Motion for Summary Judgment (“Motion”) on Oscar Lee Watson's (“Watson”) complaint. Watson alleges that the State Defendants violated his rights under the American with Disabilities Act (“ADA”) and the Rehabilitation Act.

         The State Defendants claim that Watson failed to exhaust administrative remedies with respect to those claims, as mandated by the Prisoner Litigation Reform Act of 1996 [“PLRA”]. For the reasons that follow, their motion for summary judgment is GRANTED.

         I. Background

         A. Factual Allegations

         Watson is incarcerated at Gus Harrison and is confined to a wheelchair. He filed a Step I grievance on September 3, 2017. He claimed his wheelchair is “entirely too small' and “in severe disrepair, ” making it hard to maneuver. He received a response to his Step I grievance, which said a nurse documented that the wheelchair was too small, and stated the nursing secretary was to order a larger chair. The Step I grievance was marked as partially resolved, stating that it would be considered resolved when Watson received the larger wheelchair. Watson filed a Step II appeal on September 14, 2017, saying that he still did not have a proper wheelchair. The response to this Step II appeal stated that Watson would be called out to exchange wheelchairs when his ordered one arrives. Watson alleges that he never received a response to his Step II appeal, and has yet to be provided with a suitable wheelchair.

         Watson also alleges that on January 19, 2018, a bench he was sitting on collapsed while he used a designated handicapped shower stall, injuring his leg. He claims that on January 22, 2018, he filed a Step I grievance alleging that the State Defendants failed to maintain the handicapped shower in compliance with federal and state regulations. According to Watson, the grievance was returned to him without an identifier number.

         Watson contends that because his grievances were not responded to in accordance with MDOC's grievance policy, the Court should find that his grievances are exhausted as contemplated by the PLRA.

         B. Procedural History

         Watson filed suit against several defendants: MDOC, Warden Sherman Campbell, Deputy Warden David Messer, Brent Ford - the head of the Physical Plant at Gus Harrison, Judy Siegel - Assistant Resident Unit Supervisor, Corizon Health, Inc. (“Corizon”), and Gus Harrison. The complaint has five counts: Count 1 - against MDOC and Corizon for violation of Eighth Amendment; Count 2 - against MDOC for violation of the ADA, 42 U.S.C. §12101 et seq.; Count 3 - against MDOC and Corizon for violation of the Michigan Persons with Disabilities Civil Rights Act (“MPDCRA”), Mich. Comp. Laws § 37.1101 et seq.; Count 4 - against MDOC and Corizon for violation of the Rehabilitation Act of 1973, 29 U.S.C. §§ 701-7961; and Count 5 - against Campbell, Messer, Ford, and Siegel for violation of the ADA, the MPDCRA, and the Rehabilitation Act.

         The Court issued an order on March 6, 2018 dismissing Counts 1, 3, and 5 of Watson's complaint for failing to state a claim upon which relief can be granted. Subsequently, the Court granted Corizon's motion to dismiss the remaining claim against it, Count 4. Thus, the remaining counts of Watson's complaint are: Count 2 - violation of the ADA against the State Defendants; and Count 4 - violation of the Rehabilitation Act against the State Defendants.

         On May 17, 2018, the State Defendants filed a motion for summary judgment on the remaining counts against them. They raise three arguments: 1) the grievance report Watson filed regarding his wheelchair does not demonstrate proper exhaustion; 2) even if the wheelchair grievance had been properly exhausted, Watson did not name the State Defendants in the grievance; and 3) Watson failed to exhaust administrative remedies regarding his shower bench claim.

         Watson failed to timely respond to the State ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.