Please ensure Javascript is enabled for purposes of website accessibility

8th Amendment Violation – Issue of Material Fact

By: Derek Hawkins//August 25, 2020//

8th Amendment Violation – Issue of Material Fact

By: Derek Hawkins//August 25, 2020//

Listen to this article

7th Circuit Court of Appeals

Case Name: John H. Balsewicz v. Jonathan S. Pawlyk, et al.,

Case No.: 19-3062

Officials: WOOD, Chief Judge, and MANION and KANNE, Circuit Judges.

Focus: 8th Amendment Violation – Issue of Material Fact

When a prison official knows that an inmate faces a substantial risk of serious harm, the Eighth Amendment requires that official to take reasonable measures to abate the risk. Inmate John “Melissa” Balsewicz reported to a prison guard that while she was in the shower house, another inmate threatened to beat her up. The guard, Sergeant Jonathan Pawlyk, took no action in response to Balsewicz’s report; and two days later, the inmate who had threatened Balsewicz punched her in the head repeatedly, causing her to fall unconscious.

Balsewicz filed a claim against Sergeant Pawlyk and other prison officials under the Civil Rights Act of 1871, Rev. Stat. § 1979, as amended, 42 U.S.C. § 1983. She alleged that Sergeant Pawlyk failed to take reasonable measures to abate a known, substantial risk of serious harm to her, and thus violated one of her Eighth Amendment rights. Granting summary judgment to Sergeant Pawlyk, the district court reasoned that the threat Balsewicz reported to the guard could only be understood as expiring once the inmates left the shower house, so no factfinder could conclude that Sergeant Pawlyk knew Balsewicz faced an ongoing risk of serious harm.

Because a reasonable juror could conclude otherwise based on the submitted evidence, and because Sergeant Pawlyk is not entitled to qualified immunity, we reverse.

Reversed and remanded

Full Text


Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.

Polls

Should Steven Avery be granted a new evidentiary hearing?

View Results

Loading ... Loading ...

Legal News

See All Legal News

WLJ People

Sea all WLJ People

Opinion Digests