Dist. Ct. did not err in dismissing portion of plaintiff-prisoner’s section 1983 action alleging that decision made by prison’s disciplinary panel, i.e., to transfer him to segregation and to revoke one month good-time credit for making false accusation about prison’s auto mechanic instructor, violated plaintiff’s First Amendment rights. Under Heck, 512 U.S. 477, plaintiff could not proceed on instant action seeking only monetary damages arising out of said decision, where, as here, such relief necessarily implied invalidity of said decision, and where said decision had not been set aside on collateral review or executive clemency. Fact that plaintiff had waived any challenge to duration of his confinement was irrelevant to his ability to bring instant action. However, Dist. Ct. erred in granting defendant-warden’s motion for summary judgment on plaintiff’s 8th Amendment claim, alleging that extreme cold conditions of his segregation cell over 4-day period during power outage were cruel and unusual, since: (1) plaintiff’s description of his cell conditions was sufficient to establish 8th Amendment violation; and (2) plaintiff’s allegation that defendant had actual knowledge of his cell conditions, and yet took no steps to alleviate said conditions was sufficient to establish deliberate indifference on part of defendant. (Dissent filed on 8th Amendment issue.)
Federal 7th Circuit Court
Civil Court
Prisoners