EAST ST. LOUIS - U.S. District Judge Stephen McGlynn denied leave for prison warden Daniel Monti to reinstate a defense he withdrew last year against prisoner Charles Yoder’s complaint of deliberate indifference to his medical conditions.
McGlynn pointed out in a Nov. 1 order that Monti couldn’t reinstate the defense without amending his answer to the complaint.
In that event, he wrote, he’d have to amend the case schedule.
Yoder sued private medical providers and Shawnee correctional employees in 2021.
Assistant attorney general Areda Johnson of Belleville raised an affirmative defense that Yoder failed to exhaust administrative remedies before suing.
In 2023, Attorney General Kwame Raoul took Johnson off the case and assigned assistant attorney general Zherong Kang of Springfield.
Eighteen days after Kang took the case he moved to withdraw the defense, “upon further investigation and inspection of documents.”
A day later, defendant Melissa York, a nurse in private employment, moved for summary judgment on failure to exhaust administrative remedies.
Her counsel Alejandro Valdez of Sandberg Phoenix in St. Louis claimed a grievance Yoder filed against York was pending when he sued her.
McGlynn granted the motion in September 2023 and closed the case for York.
This July, Monti moved for reinstatement of the defense.
Kang claimed Yoder stated new facts at a deposition.
He claimed he withdrew the defense based on facts in the complaint but new issues made Yoder subject to the requirement of exhausting administrative remedies.
Yoder responded, “This court should not accept or grant a motion that is so vague and overbroad.
“No information has been provided to the court upon which a legitimate ruling can be made.”
McGlynn agreed.
“Defendant does not sufficiently explain how he acted with diligence in conducting adequate discovery but failed to develop the facts critical for his defense,” McGlynn wrote.
“Moreover, he does not explain what specific facts were revealed in discovery and how they serve to revive the affirmative defense.”
Monti, now at Centralia correctional center, makes $13,700 a month.
Kang makes $7,800 a month.
The docket shows Yoder’s address at Danville correctional center.
McGlynn hasn’t set a trial date.