By: Derek Hawkins//May 2, 2016//
7th Circuit Court of Appeals
Case Name: Brian Herron v. Douglas Meyer
Case No.: 15-1659
Officials: BAUER, EASTERBROOK, and HAMILTON, Circuit Judges.
Focus: 1st Amendment – 8th Amendment – Qualified Immunity
Judgment dismissing Disabled prisoner suit alleging prison guard intentionally placed him in a cell with an individual that would cause him harm allegations and that guard violated 8th amendment rights is vacated.
“If Meyer set out to punish Herron for his grievances, then a price has been attached to speech. The district court thought otherwise in part because Herron had not attached his grievances to the complaint, but that was not necessary; a complaint narrates a claim and need not supply the proof. That comes later. Pratt v. Tarr, 464 F.3d 730, 732–33 (7th Cir. 2006). And if, as we doubt, an amendment to the complaint was required, the district court should have allowed it rather than dismissing the claim. See, e.g., Runnion v. Girl Scouts of Greater Chicago, 786 F.3d 510, 519–23 (7th Cir. 2015).”
Vacated and Remanded