Dist. Ct did not err in dismissing plaintiff-prisoner’s section 1983 action, alleging that defendants-prison officials violated his 8th Amendment rights by rendering deficient medical care, using excessive force and inflicting sexual assault. Record showed that plaintiff had not exhausted his administrative remedies prior to filing instant lawsuit, and Dist. Ct. could properly have found that dismissal of the instant lawsuit was warranted as sanction for plaintiff’s submission of forged document in effort to establish excuse for having failed to exhaust said remedies. Moreover, Ct. of Appeals rejected plaintiff’s claim that dismissal of sexual assault claim was too severe of sanction, where Ct. of Appeals found that defendants spent over $8,000 to establish forged nature of document, and where plaintiff set in motion waste of defendants’ resources. Fact that plaintiff had no prior history of litigation misconduct did not require different result.
Federal 7th Circuit Court
Civil Court
Prisoners