Dist. Ct. did not err in dismissing for failure to exhaust administrative remedies plaintiff-prisoner’s section 1983 action against defendants-prison nurses for acting with deliberate indifference toward his injuries. Dist. Ct. conducted hearing regarding said issue and could properly find that plaintiff missed relevant 60-day deadline for filing grievance with prison grievance counselor regarding nurses’ alleged misconduct, where plaintiff could not adequately account for 41-day delay in filing said grievance. Also, Dist. Ct. could properly credit defendants-prison guards’ testimony to defeat plaintiff’s excessive force claim, where guards’ testimony regarding plaintiff’s active resistance to their directives could plausibly account for plaintiff’s injuries.
Federal 7th Circuit Court
Civil Court
Prisoners