Hughes v. Scott

Dist. Ct. erred in dismissing for failure to state valid cause of action plaintiff’s section 1983 action alleging that defendants (officials at state treatment and detention facility for sexually violent individuals) violated plaintiff’s (resident of said facility) First Amendment rights by ignoring his grievances regarding his dental care and harassing him for making said complaints. Plaintiff had First Amendment right to make such grievances, and defendants could not simply ignore them, where alleged neglect of dental care could have serious consequence. Moreover, plaintiff's allegations, that defendants called him “ignorant,” “stupid,” and “moron,” and that one defendant indicated that plaintiff’s life would be better had he not complained, were sufficient to establish potential retaliation claim. Ct. rejected defendants’ contention that they could ignore grievance procedure set forth under Ill. Administrative Code, where, according to defendants, plaintiff always had ability to bring instant lawsuit to raise similar claims that were contained in his grievances.