Ogurek v. Gabor, No. 15-1151 (7th Cir. 2016)
Annotate this CaseAfter a fight with another inmate, Ogurek required stitches and was charged with a disciplinary infraction. Ogurek says he told investigator Gabor that he wanted to charge the other inmate with starting the fight and that he wanted an investigation of the theft of property from his cell while he was in segregation after the fight. When 10 days elapsed with no response Ogurek complained to the warden. According to Ogurek, Gabor berated him for complaining and told him that, after watching a security video, he had determined that Ogurek had started the fight. Ogurek denied this. Gabor filed a disciplinary report for impeding an investigation, which led to Ogurek remaining in segregation for six months. An administrative appeal resulted in expungement, on grounds that Gabor had violated procedure and had failed to substantiate his charge. During discovery in his suit under 42 U.S.C. 1983, Ogurek sought the video. The district judge ordered Gabor to respond within 17 days, which he did not do. The judge dismissed the suit before the video surfaced. The Seventh Circuit reversed. An inmate’s complaint of being assaulted and injured by another inmate and then framed by a guard is not a “personal gripe,” that is unprotected by the First Amendment.
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