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Summary Judgment – Constitutional Rights

By: WISCONSIN LAW JOURNAL STAFF//January 17, 2023//

Summary Judgment – Constitutional Rights

By: WISCONSIN LAW JOURNAL STAFF//January 17, 2023//

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7th Circuit Court of Appeals

Case Name: Randall Behning v. Kevin Johnson

Case No.: 21-1840

Officials: Sykes, Chief Judge, and Hamilton and Jackson-Akiwumi, Circuit Judges.

Focus: Summary Judgment – Constitutional Rights

Behning, an Illinois prisoner, appeals from the district court’s grant of summary judgment to defendants on his claims that prison guards violated his constitutional rights while responding to his altercation with a prison guard. The district court granted summary judgment based on Behning’s failure to exhaust available administrative remedies as required by the Prison Litigation Reform Act. 42 U.S.C. § 1997e. This court concludes that Behning, through his attorney, submitted most of his grievances to the appropriate administrative office and on time. The court therefore vacate the judgment with regard to his claims concerning those grievances. In all other respects, the court affirms as Behning mounted no meaningful challenge to the summary judgment entered on his claims against Paula Young.

Affirmed in part, Vacated in part, Remanded.

Decided 01/11/23

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