42 U.S.C. 1983- Deliberate Indifference

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7^th Circuit Court of Appeals

Case Name: Michael Hunter v. Kelly Mueske

Case No.: 22-1340

Officials: Easterbrook, Jackson-Akiwumi, and Lee, Circuit

Judges.

Focus: 42 U.S.C. 1983- Deliberate Indifference

Hunter, who resided in the general-population wing of “Unit H” at Redgranite Wisconsin state prison, shared a cell with Patterson from March to December 2017. Patterson, who was considered a “lifer” and known for his violent behavior, repeatedly threatened to harm Hunter while he slept. Concerned for his safety, Hunter reported Patterson’s threats to Mueske, the supervisor responsible for housing assignments in Unit H. Hunter also informed Officer Walker about Patterson’s menacing behavior. Following Walker’s advice, Hunter filled out an Inmate Complaint form on August 9. Normally, when Walker learns of inmate threats, he informs his superiors and creates an incident report, but he failed to do so in this case. On December 6, 2017, Wilcox decided to transfer Patterson out of Unit H, but this decision wasn’t a direct result of Hunter’s complaints.

On the day of Patterson’s relocation, Hunter approached him to bid farewell. However, things escalated quickly, and Patterson, claiming Hunter was responsible for his reassignment, flew into a rage. According to Hunter, Patterson used offensive language, including racial slurs, and violently attacked him, causing permanent injuries and triggering his military-induced PTSD. The entire altercation was caught on video.

In Hunter’s lawsuit under 42 U.S.C. 1983, the district court granted summary judgment in favor of Mueske and Walker. The court found that Hunter failed to present sufficient evidence for a reasonable jury to conclude that Walker acted with deliberate indifference or that Mueske’s actions directly caused his injury.

Affirmed.

Decided 07/17/23

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