99-4084 Smith v. Zachary

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“Smith crafts his claim as an isolated event, a freak occurrence that

will not be repeated. However, the nature of the event is open to

interpretation. An assault by a prison guard could be a by-product of

systemic problems, including poor hiring procedures, insufficient

training and supervision, or an inadequate procedure for responding to

prison riots or insubordinate behavior by prisoners. Given that part of

a prison guard’s job is to control inmates, the use of excessive force

in achieving this end can be viewed as a management failure, not only as

a random act of violence. We read the term ‘prison conditions’ in

context – not only as it relates to other statutory provisions, but with

regard to the real-world environment in which sec. 1997e applies. … In

the context of prisons, harassment from correctional officers or

government officials is not equivalent to an unsolicited attack on the

street; rather, the harassment is made possible by the correctional

environment. Thus, a remedy lies in addressing prison conditions that

facilities or tolerates aberrant behavior by guards.”

Appeal from the United States District Court for the Southern

District of Illinois, Cohn, Mag. J., Evans, J.