Behning v. Johnson

Dist. Ct. erred in granting defendants-prison officials’ motion for summary judgment in plaintiff-prisoner’s section 1983 action, alleging that certain prison guards violated his constitutional rights while responding to his altercation with another prison guard, where basis for ruling was Dist. Ct.’s belief that plaintiff had failed to exhaust his administrative remedies prior to filing instant lawsuit. Applicable rule required that plaintiff submit grievance to Ill. Department of Corrections’ Administrative Board. While record showed that plaintiff’s attorney timely mailed said grievance to Board, Board returned grievance, after noting that only plaintiff himself was permitted to submit his grievance. Ct. of Appeals, in vacating Dist. Ct.’s order, found that applicable rule did not prohibit prisoner from submitting grievance through his attorney. As such, plaintiff had timely complied with applicable rule, where record showed that his attorney timely mailed grievance to Board, and that Board had actually received grievance.