Schultz v. Pugh

Federal 7th Circuit Court
Civil Court
Case Number: 
No. 12-2568
Decision Date: 
July 23, 2013
Federal District: 
W.D. Wisc.
Dist. Ct. did not err in granting defendants-prison officials’ motion to dismiss plaintiff-prisoner’s section 1983 action alleging that defendants retaliated against him by placing him in segregation for protesting his physical assault by two guards. Record showed that plaintiff had failed to exhaust his administrative remedies by filing proper prison grievance regarding said matter prior to filing instant lawsuit. While plaintiff argued that his failure to exhaust administrative remedies should be excused since he feared reprisal for filing any grievance regarding said matter, prison’s internal rules limited defendant’s ability to punish inmates for making false statements to prison staff to statements made outside of grievance process. Accordingly, plaintiff had no objective reason to fear filing of any grievance.