Gomez v. Randle

Dist. Ct. erred in granting defendants-prison officials’ motion for summary judgment in section 1983 action alleging that defendants used excessive force during altercation with other prisoners that resulted in plaintiff-prisoner being shot in arm, and that defendants violated 8th Amendment by ignoring plaintiff’s request for medical treatment. While Dist. Ct. based dismissal on finding that instant action was filed beyond applicable 2-year limitations period, Dist. Ct. failed to consider fact that plaintiff had filed internal grievance, which served to toll limitations period. Moreover, plaintiff stated viable excessive force claim where plaintiff’s allegations inferred that unidentified officer acted maliciously in using deadly force against plaintiff, who was not involved in ongoing prison altercation. Ct. also held that plaintiff stated viable 8th Amendment violation where plaintiff alleged that certain defendants ignored plaintiff’s plea for medical aid for his injured arm over 4-day period.