Owens v. Hinsley

Dist. Ct. did not err in dismissing certain counts and granting summary judgment as to other counts in plaintiff-prisoner's section 1983 action alleging that: (1) defendants-prison officials failed to process certain grievances and were deliberately indifferent to his medical needs while plaintiff was undergoing hunger strike; and (2) defendants failed to protect him against assaults from other inmates. Plaintiff failed to exhaust his administrative remedies with respect to his medical-care claims by failing to file internal grievance within 60 days from date of underlying incidents. Moreover, plaintiff failed to submit evidence that prison guards were aware of any specific threats of danger posed by other inmates. Also, plaintiff's First Amendment claim relating to defendants' forcibly termination of his hunger strike was properly dismissed since inmate does not have constitutionally protected right to refuse life-saving medical treatment.