8th Amendment – Summary Judgment

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7^TH Circuit Court of Appeals

Case Name: Asher B. hill v. Jerry Snyder, et al

Case No.: 15-2607

Officials: BAUER, EASTERBROOK, and HAMILTON, Circuit Judges.

Focus: 8^th Amendment – Summary Judgment

Summary judgment for appellant claim improper where appellant took all proper channels required to handle his grievance.

“In this case, Hill sought the required form not from a randomly chosen staff member but from his counselor and unit manager. Each of those officials was responsible under the grievance policy for giving Hill an available grievance form upon request. Hill’s affidavit shows that they refused to do so for the third incident and, construed at this juncture in his favor, permits an inference they refused to do so for the fourth. The record also does not indicate that either had any legitimate reason for refusing his request. The evidence of their refusals to give Hill an available form is sufficient to permit a finding that Hill was prevented from grieving these incidents. The administrative remedies were not available to him. He was not required to hunt for a form from other staff members. Defendants are not entitled to summary judgment based on this defense”

Vacated and Remanded in part

Affirmed in part

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.