8th Amendment Violation - Issue of Material Fact.

Byline: Derek Hawkins

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...