8th Amendment Violations – Failure to Exhaust Administrative Remedies

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7^th Circuit Court of Appeals

Case Name: Joseph Wilborn v. David Ealey, et al.

Case No.: 16-2106

Officials: RIPPLE, SYKES, and HAMILTON, Circuit Judges.

Focus: 8^th Amendment Violations – Failure to Exhaust Administrative Remedies

Under the Eighth Amendment’s protection against “cruel and unusual punishments,” convicted prisoners must receive a minimum level of care. The Eighth Amendment prohibits prison staff from subjecting inmates to excessive force without a legitimate penological purpose, from deliberately failing to prevent other staff from using unlawful force, and from acting with deliberate indifference to inmates’ serious medical needs. In this case, inmate Joseph Wilborn was injured in a fight with Menard Correctional Center officers. The fight left Wilborn with bruises, a laceration, and a dislocated shoulder. He sued the correctional officers under 42 U.S.C. § 1983, alleging that they violated his Eighth Amendment rights by using excessive force or by failing to intervene and prevent it. He also sued two prison nurses for acting with deliberate indifference toward his injuries.

The district court dismissed the claims against the nurses before trial because Wilborn failed to exhaust administrative remedies. The remaining claims were tried to the court. Wilborn tried the case on his own, without a lawyer. Partway through the trial, the district court granted judgment as a matter of law for one defendant officer. After the trial, the district court issued written findings of fact and conclusions of law. The court found that the officers were more credible than Wil- born and his witnesses and entered judgment in favor of all remaining defendants.

Wilborn appeals the court’s dismissal of his claims against the nurses for failure to exhaust administrative remedies and the findings of fact and conclusions of law after the trial. He also argues that the district court abused its discretion by failing to recruit counsel to assist him. We affirm.

Affirmed

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