Smith v. Hobart

Illinois Appellate Court
Civil Court
Prisoners
Citation
Case Number: 
2021 IL App (4th) 190756
Decision Date: 
Friday, July 30, 2021
District: 
4th Dist.
Division/County: 
Livingston Co.
Holding: 
Reversed and remanded.
Justice: 
DeARMOND

Plaintiff filed pro se complaint under section 1983, alleging Defendants, various Illinois Department of Corrections employees, violated his 8th amendment rights, as his health was endangered while working in the inmate kitchen because it was severely infested with mice and cockroaches. At the time Plaintiff filed his section 1983 complaint, he had exhausted all of his administrative remedies. When Plaintiff filed his emergency grievance, he was subject to the Department's regulations as they existed in 2016, and he did enough under the 2016 version of the Illinois Administrative Code to exhaust his remedies.(HARRIS and HOLDER WHITE, concurring.)