Wilborn v. Ealey

Three Menard Correctional Center officers were preparing inmates to walk from the cell house to dinner when Wilborn rushed out of his cell and attacked Johnson. Bennett and Lloyd took Wilborn to the ground and ordered him to “cuff up” and claim that Wilborn violently resisted. The officers’ testimony was generally consistent; they denied striking Wilborn after they had restrained him. Wilborn testified that he was compliant and in handcuffs when Ealey used pepper spray and that the officers continued to beat him after restraining him. His former cellmate supported his story. Medical staff examined Wilborn but later that day Wilborn was transferred to Tamms Correctional Center. Tamms nurses evaluated Wilborn, recorded his cuts and bruises, gave him acetaminophen, and noted that Wilborn’s shoulder appeared abnormal and that he complained of dislocation. They scheduled Wilborn to see a doctor first thing the next day. Wilborn remained in the infirmary overnight, in pain. The next morning, the doctor sent Wilborn to a hospital, where another doctor reduced Wilborn’s dislocated shoulder about 24 hours after the fight. In his suit under 42 U.S.C. 1983, Wilborn acted pro se. The Seventh Circuit affirmed dismissal of claims against the nurses because Wilborn failed to exhaust administrative remedies. The court upheld findings that the officers were more credible than Wilborn and his witnesses and the entry of judgment in favor of all remaining defendants. View "Wilborn v. Ealey" on Justia Law