Fluker v. County of Kankakee

Dist. Ct. did not err in granting defendants-prison officials’ motion for summary judgment in section 1983 action alleging that defendants committed willful and wanton misconduct, where plaintiff-prisoner injured his back during prisoner transfer, when driver of police van suddenly slammed on brakes. Dismissal of claim was warranted where plaintiff had failed to exhaust his administrative remedies by filing prison grievance prior to filing instant lawsuit, as required by Prisoner Litigation Reform Act. Moreover, Dist. Ct. did not err in considering merits plaintiff’s section 1983 claim, after finding that plaintiff had failed to exhaust his administrative remedies, where defendant’s summary judgment motion addressing merits of plaintiff’s section 1983 claim was fully briefed.