Dist. Ct. erred in dismissing plaintiff-prisoner’s section 1983 action alleging that defendant-prison official violated his First Amendment rights by placing him in non-wheelchair-accessible cell and refusing to provide him with mobility assistance within said cell as penalty for plaintiff filing prior grievances about his treatment in prison, where rationale for said dismissal, i.e., plaintiff’s failure to attach said grievances to his complaint, was not requirement in order for plaintiff to state viable cause of action. Also, Dist. Ct. erred in granting defendant’s summary judgment motion in plaintiff’s 8th Amendment claim on grounds of qualified immunity, where: (1) plaintiff alleged that defendant’s decision to move him to non-wheelchair accessible cell was made with knowledge and hope that plaintiff would injure himself; (2) plaintiff actually injured himself while attempting to maneuver in his cell; and (3) clearly established case law indicated that defendant could not administer his own personal brand of punishment based on plaintiff’s prior complaints.
Federal 7th Circuit Court
Civil Court
Prisoners