Wagoner v. Ind. Dep't of Corrs., No. 13-3839 (7th Cir. 2015)
Annotate this CaseWagoner, a paraplegic since a 1996 accident, is incarcerated by IDOC. Five years into his confinement, Wagoner filed a complaint, asserting that IDOC failed to accommodate his disability, citing humiliating toileting arrangements; a cell so small that Wagoner had to move his wheelchair to allow his cellmate to use the toilet; sidewalks that caused him to tip out of his wheelchair; no access to the weight room or the library; problems with his wheelchair; failures to provide other medical supplies; exclusion from job training; and transportation in a vehicle not equipped for wheelchairs. IDOC argued that Wagoner had failed to exhaust administrative remedies, citing the Prison Litigation Reform Act, 42 U.S.C. 1997e(a). Wagoner sought a “Pavey hearing.” The court denied the motion, stating that Wagoner had not established that a dispute of fact existed and could use his response to Defendants’ summary judgment motion to create a record. Wagoner filed a brief opposing summary judgment and a second Pavey motion, with a deposition excerpt detailing IDOC’s threats when he filed grievances and support for his futility claim. The district court granted IDOC summary judgment, refusing to consider the Pavey motion. The Seventh Circuit affirmed. It is better practice to hold a Pavey hearing before considering summary judgment, but there was no reversible error. The court correctly concluded that no material facts were disputed.
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