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Summary Judgment – Exhaustion of Administrative Remedies

By: Derek Hawkins//September 23, 2019//

Summary Judgment – Exhaustion of Administrative Remedies

By: Derek Hawkins//September 23, 2019//

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7th Circuit Court of Appeals

Case Name: Jeremy Lockett v. Tanya Bonson, et al.

Case No.: 19-1012

Officials: RIPPLE, MANION, and SYKES, Circuit Judges.

Focus: Summary Judgment – Exhaustion of Administrative Remedies

Jeremy Lockett, an inmate at the Wisconsin Secure Program Facility (“WSPF”), brought this action under 42 U.S.C. § 1983 to recover for alleged violations of his constitutional rights under the Eighth Amendment to the Constitution of the United States, rights made applicable to the states through the Fourteenth Amendment. He alleged that these rights were violated when he received inadequate medical care while incarcerated at WSPF. Mr. Lockett, who has sickle cell disease, claimed that two prison medical staff members, Tanya Bonson, a nurse practitioner (“NP”), and Beth Edge, a nurse, were deliberately indifferent to his serious medical needs. The defendants moved for summary judgment; the district court granted the motion. Mr. Lockett filed a timely appeal.

We conclude that the record will not support a jury determination that NP Bonson was deliberately indifferent to Mr. Lockett’s needs in prescribing medication. Mr. Lockett did not exhaust his administrative remedies on his claim against Nurse Edge. Accordingly, the judgment of the district court is affirmed.

Affirmed

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.

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