2:08-cv-02232-HAB-DGB # 120 Page 1 of 4
`E-FILED
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` Wednesday, 03 March, 2010 01:51:16 PM
` Clerk, U.S. District Court, ILCD
`
`UNITED STATES DISTRICT COURT
`CENTRAL DISTRICT OF ILLINOIS
`URBANA DIVISION
`______________________________________________________________________________
`
`Case No. 08-CV-2232
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`JEFFREY ORR, et al.,
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`Plaintiffs,
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`v.
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`WILLARD O. ELYEA, MICHAEL
`PUISIS, and WEXFORD CORP.,
`
`Defendants.
`
`OPINION
`
`On November 19, 2009, this court entered an Opinion (#100) granting in part and denying
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`in part a Motion for Summary Judgment (#20) filed by Defendants Willard O. Elyea, Michael Puisis,
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`and Wexford Corpoation. Among those Plaintiffs who were dismissed from the case for failure to
`
`exhaust administrative remedies before the initiation of litigation was Edward B. Franco. On
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`December 28, 2009, Franco filed this Motion for Reconsideration/Modification of Defendants’
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`Partial Granting of Summary Judgment (#107). Defendants have filed their respective Responses.
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`For the following reasons, Franco’s Motion to Reconsider (#107) is DENIED.
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`BACKGROUND
`
`In his motion and supporting Memorandum of Law (#108) Franco argues that he was
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`involuntarily transferred as an inmate from Rhode Island to Illinois pursuant to the authority of the
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`Rhode Island Interstate Correctional Compact. While in Rhode Island he exhausted, under Rhode
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`Island Department of Corrections law/policy/rules/regulations, his administrative remedies to seek
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`treatment for Hepatitis C. Franco claims that under the “Interstate Correctional Compact,” inmates
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`-1-
`
`
`E-FILED
`
` Wednesday, 03 March, 2010 01:51:16 PM
` Clerk, U.S. District Court, ILCD
`
`UNITED STATES DISTRICT COURT
`CENTRAL DISTRICT OF ILLINOIS
`URBANA DIVISION
`______________________________________________________________________________
`
`Case No. 08-CV-2232
`
`))
`
`)
`)
`)
`)
`
`))
`
`)
`
`JEFFREY ORR, et al.,
`
`Plaintiffs,
`
`v.
`
`WILLARD O. ELYEA, MICHAEL
`PUISIS, and WEXFORD CORP.,
`
`Defendants.
`
`OPINION
`
`On November 19, 2009, this court entered an Opinion (#100) granting in part and denying
`
`in part a Motion for Summary Judgment (#20) filed by Defendants Willard O. Elyea, Michael Puisis,
`
`and Wexford Corpoation. Among those Plaintiffs who were dismissed from the case for failure to
`
`exhaust administrative remedies before the initiation of litigation was Edward B. Franco. On
`
`December 28, 2009, Franco filed this Motion for Reconsideration/Modification of Defendants’
`
`Partial Granting of Summary Judgment (#107). Defendants have filed their respective Responses.
`
`For the following reasons, Franco’s Motion to Reconsider (#107) is DENIED.
`
`BACKGROUND
`
`In his motion and supporting Memorandum of Law (#108) Franco argues that he was
`
`involuntarily transferred as an inmate from Rhode Island to Illinois pursuant to the authority of the
`
`Rhode Island Interstate Correctional Compact. While in Rhode Island he exhausted, under Rhode
`
`Island Department of Corrections law/policy/rules/regulations, his administrative remedies to seek
`
`treatment for Hepatitis C. Franco claims that under the “Interstate Correctional Compact,” inmates
`
`-1-
`
`
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`2:08-cv-02232-HAB-DGB # 120 Page 2 of 4
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`confined in an institution pursuant to the terms of the compact shall at all times be subject to the
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`jurisdiction of the sending state. Franco concludes that when he was involuntarily transferred from
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`Rhode Island to Illinois, “Illinois officials knew that Franco was prohibited from using the grievance
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`system for medical related issues, and that R.I. provided it’s [sic] inmates with a more expedite [sic]
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`exhaustion of administrative remedies regarding medical issues.” Franco admits that he never filed
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`a grievance in the Illinois prison system, but claims he never had to, because his remedies under the
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`Rhode Island prison system were exhausted.
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`In their Responses, Defendants argue that Franco has misinterpreted the Interstate
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`Corrections Compact (Compact) (730 ILCS 3-4-4 (West 2008)). Defendants argue that under the
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`Compact, it is true that Rhode Island would retain jurisdiction over Franco in the sense that it could
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`remove him from Illinois prisons at any time and return him to Rhode Island. However, the
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`Compact does not apply when Franco joins a lawsuit alleging civil rights violations by Illinois
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`Department of Corrections (IDOC) employees in Illinois. For wrongs that allegedly occurred
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`against him in the IDOC, Franco still needed to complete the IDOC grievance process, as mandated
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`by the Prison Litigation Reform Act (PLRA) (42 U.S.C. § 1997e (2000)) and the Illinois
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`Administrative Code.
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`ANALYSIS
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`The relevant portions cited by Franco from the Compact state:
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`“Inmates confined in an institution pursuant to this compact shall at all times
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`be subject to the jurisdiction of the sending state and may at any time be removed
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`therefrom for transfer to a prison or other institution within the sending state, for
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`transfer to another institution in which the sending state may have a contractual or
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`2:08-cv-02232-HAB-DGB # 120 Page 3 of 4
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`other right to confine inmates, for release on probation or parole, for discharge, or
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`for any other purpose permitted by the laws of the sending state. However, the
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`sending state shall continue to be obligated to such payments as may be required
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`pursuant to the terms of any contract entered into under the terms of Article III.” 735
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`ILCS 5/3-4-4 (Article IV(c)) (West 2008).
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`“All inmates who may be confined in an institution pursuant to this compact
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`shall be treated in a reasonable and humane manner and shall be treated equally with
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`such similar inmates of the receiving state as may be confined in the same institution.
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`The fact of confinement in a receiving state shall not deprive any inmate so confined
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`of any legal rights which the inmate would have if confined in a appropriate
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`institution of the sending state.” 735 ILCS 5/3-4-4 (Article IV(e)) (West 2008).
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`Franco also cites to Article IV(f), which states that if the prisoner is entitled to a hearing
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`under the laws of the sending state, the hearing shall be conducted by officials from the sending state
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`or, if the sending state assents, officials of the receiving state. The Article further stated that “[I]n
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`the event such hearing or hearings are had before officials of the receiving state, the governing law
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`shall be that of the sending state and a record of the hearing or hearings as prescribed by the sending
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`state shall be made.” 735 ILCS 5/3-4-4 (Article IV(f)) (West 2008).
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`The sections cited under the Compact by Franco are not applicable in this case. Franco, as
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`a plaintiff in this case, was not alleging federal civil rights violations due to actions taken by Rhode
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`Island corrections department officials. Rather, he was alleging violations committed while he was
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`in the IDOC which were committed by IDOC employees and contractors. Therefore, under the
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`PLRA, to properly exhaust administrative remedies, prisoners must complete the administrative
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`2:08-cv-02232-HAB-DGB # 120 Page 4 of 4
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`review process in accordance with the applicable rules which are defined, not by the PLRA, but by
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`the prison grievance process itself. Jones v. Bock, 549 U.S. 199, 218 (2007). IDOC regulations,
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`as embodied in the Illinois Administrative Code, state that the grievance procedure utilized by IDOC
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`applies to offenders assigned to correctional facilities within the IDOC. See 20 Ill. Admin. Code
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`504.800. Franco was an inmate assigned to a correctional facility within the IDOC and joined a
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`lawsuit alleging federal civil rights violations committed by employees or contractors of the IDOC
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`while he was an IDOC inmate. It has nothing to do with any grievances or treatment he received
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`while incarcerated in Rhode Island. There is nothing in the Compact that would allow an inmate
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`housed in the IDOC and alleging violations that occurred while held in the IDOC to file his
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`grievance pursuant to Rhode Island prison regulations. Therefore, as Illinois prison grievance
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`regulations apply, Franco was properly dismissed from this case for failure to exhaust his
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`administrative remedies before the initiation of litigation.
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`IT IS THEREFORE ORDERED:
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`Franco’s Motion for Reconsideration (#107) is DENIED.
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`ENTERED this 3rd day of March, 2010
`
`s/ Michael P. McCuskey
`MICHAEL P. McCUSKEY
`CHIEF U.S. DISTRICT JUDGE
`
`-4-
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