Prisoner – Eighth Amendment Violation

By: Derek Hawkins//February 15, 2018//

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7^th Circuit Court of Appeals

Case Name: Terry Davis v. David Mason, et al.

Case No.: 16-2707

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

Focus: Prisoner – Eighth Amendment Violation

Terry Davis, an Indiana prisoner, sued two prison guards alleging that they punched him repeatedly, put him in a chokehold, and placed a plastic bag over his head—all gratuitously and thus in violation of his rights under the Eighth Amendment. A district judge entered summary judgment for the defendants, holding that Davis had not exhausted his administrative remedies as required by the Prison Litigation Reform Act. See 42 U.S.C. § 1997e(a). We vacate and remand for further proceedings. The evidence in the summary-judgment record does not clearly show that Davis failed to exhaust available administrative remedies.

Vacated and Remanded

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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.

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