Dist. Ct. did not err in dismissing plaintiff-prisoner’s section 1983 action, alleging that he was sexually assaulted by prison guard, where said dismissal was imposed as sanction for plaintiff’s attempt to avoid finding that he had failed to exhaust his prison administrative remedies, under circumstances where plaintiff submitted document that contained forged signature and check mark on grievance form that did not appear in original form. Record amply supported finding that plaintiff knowingly submitted fraudulent grievance form, where alterations all appeared to be hand-written, and dismissal of instant action was reasonable sanction given severity of plaintiff’s conduct. Also, Dist. Ct. did not err in imposing 2-year ban on plaintiff filing any civil actions or in dismissing plaintiff’s other pending civil actions, given plaintiff’s prior history of litigation misconduct, which included prior filing ban in different court.
Federal 7th Circuit Court
Civil Court
Sanctions