Olson v. Morgan, No. 12-2786 (7th Cir. 2014)
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Olson shared a cell with Russell for about a week in 2007. Olson approached Sergeant Schneider and stated: “[M]y celly, Russell, has twice tried to swing off on me and I want him moved … I fear he’s gonna try to do it again … he isn’t taking his meds and hears voices that tell him to attack people.” Schneider asked other officers about Russell, but nobody had heard of any problems or of any issues with Russell’s medication. Schneider asked the officer supervising distribution to be sure Russell took his medication. The next evening Russell attacked Olson, damaging one of Olson’s teeth. The nurse on duty recommended that the tooth be pulled, but about a month passed before Olson saw a dentist. Olson filed a 42 U.S.C. 1983 lawsuit, alleging deliberate indifference to the risk of an attack by Russell and to his dental needs. The district court declined to appoint counsel, finding that Olson was a competent pro se litigant and that his claims were not complex, and ultimately granted summary judgment against Olson on all counts. The Seventh Circuit affirmed, noting that there was no evidence that Schneider was subjectively aware that Russell was dangerous or that the staff failed to act promptly once aware of Olson’s serious medical needs.
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