Townsend v. Cooper, No. 12-3620 (7th Cir. 2014)
Annotate this CaseTownsend, a prisoner at the Green Bay Correctional Institution (GBCI), sued GBCA officials for civil rights violations. Townsend suffered from significant mental illness and engaged in disruptive behavior, including suicide attempts and fighting. Townsend was repeatedly subjected observation placements and Behavioral Action Plans (BAPs). The district court rejected his 42 U.S.C. 1983 claims on summary judgment. The Seventh Circuit affirmed as to an Eighth Amendment claim for deliberate indifference to serious medical needs, but otherwise vacated. Townsend has raised genuine issues of material fact regarding whether the imposition of the BAP violated his due process rights by imposing an atypical and significant hardship compared to the ordinary incidents of prison life, without appropriate notice and an opportunity to be heard and whether the BAP imposed conditions of confinement that denied Townsend the minimal civilized measures of life’s necessities.
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