By: Derek Hawkins//April 10, 2017//
7th Circuit Court of Appeals
Case Name: Mark A. Weiss v. Wayne Barribeau, et al
Case No.: 16-3039
Officials: POSNER, SYKES, and HAMILTON, Circuit Judges.
Focus: Premature Dismissal – 8th Amendment Violation
Mark Weiss, a Wisconsin inmate, claims in this suit under 42 U.S.C. § 1983 that Department of Corrections employees failed to prevent a February 26, 2014, assault by his cellmate that resulted in a broken ankle for Weiss, and that they left his broken ankle untreated for months in violation of the Eighth Amendment to the Constitution, which of course forbids cruel and unusual punishments. The district court granted summary judgment for the defendants on the ground that Weiss had failed to exhaust his administrative remedies before suing, as required by the Prison Litigation Reform Act, 42 U.S.C. § 1997e(a).
Reversed and Remanded