Breyley v. Fuchs

Plaintiff filed a lawsuit against several employees of a prison where he was an inmate, alleging the defendants were deliberately indifferent to his health and safety in connection with plaintiff being attacked and injured by another inmate. The district court granted summary judgment in favor of the defendants by finding that plaintiff failed to exhaust his administrative remedies. The Seventh Circuit vacated and remanded, finding that plaintiff had offered sufficient evidence to create a genuine issue of material fact as to whether he timely filed an inmate complaint as was required to exhaust his administrative remedies. (WOOD and LEE, concurring)