Terry Davis v. David Mason
Court of Appeals for the Seventh Circuit
1Opinion of the Court
Sykes, Circuit Judge.; Terry Davis, an Indiana prisoner, sued two prison .guards alleging that they punched him repeatedly, put him to a chokehold, and placed a plastic bag over his head—all gratuitously, and thus to violation of his rights under the Eighth Amendment. A district judge entered summary judgment for the defendants, holding that Davis had not exhausted his administrative remedies as required by the Prison Litigation Reform Act. See 42 U.S.C. § 1997e(a). We vacate and remand for further proceedings. The evidence in the summary-judgment record does not clearly show that Davis…
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