Prisoner – Excessive Force

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7^th Circuit Court of Appeals

Case Name: Howard Smallwood v. Don Williams

Case No.: 21-3047

Officials: Rovner, Hamilton and Scudder, Circuit Judges.

Focus: Prisoner – Excessive Force

Smallwood, an Indiana inmate, alleged physical and sexual abuse, excessive force, and mistreatment at the hands of prison employees and independent contractors associated with the Indiana Department of Correction (IDOC). The district court dismissed his suit on the defendants’ motion for summary judgment, holding that Smallwood had failed to exhaust the prison grievance procedures—a necessary prerequisite to filing a lawsuit in federal court over prison conditions. Smallwood’s grievance was rejected for failing to show that he had tried to informally resolve his complaint. Smallwood expressed an inability to understand the grievance process. A year later, Smallwood’s attempt at informal resolution was rejected as untimely. Because the Seventh Circuit found that there are unresolved, material factual questions regarding Smallwood’s ability to make use of the grievance procedure, the Seventh Circuit vacates the grant of summary judgment.

Vacated Remanded

Decided 02/03/23

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