Schillinger v. Kiley

 Dist. Ct. did not err in granting defendants-prison officials’ motion for summary judgment in plaintiff-prisoner’s section 1983 action, alleging that defendants had failed to protect plaintiff from brutal attack by another inmate, where, according to plaintiff, defendants had been aware of hostility between plaintiff and his attacker shortly before said attack. Dist. Ct. could properly find that plaintiff had failed to exhaust his administrative remedies by failing to allege in his prison grievance that instant defendants-prison guards had been aware of threatening behavior by plaintiff’s attacker prior to assault, and that said guards had failed to take steps to protect plaintiff. Also, plaintiff could not proceed on alternative failure to protect/failure to break up fight claim, where substance of claim was against different guards that were not mentioned in instant complaint, and where plaintiff did not allege that instant defendants were at scene of attack.