Schillinger v. Kiley, No. 18-2404 (7th Cir. 2020)Annotate this Case
Schillinger, a Wisconsin prisoner, was assaulted by another inmate as the prisoners were returning to their housing unit after recreation. He suffered a fractured skull, broken teeth, cuts, and other serious injuries. Schillinger sued three guards under 42 U.S.C. 1983. The district judge screened the complaint and permitted Schillinger to proceed on a claim that the officers failed to take preventive action after learning of hostility between Schillinger and his attacker during the recreation period shortly before the attack. The judge later ruled that Schillinger had not exhausted his administrative remedies on that claim and entered summary judgment for the defendants.
The Seventh Circuit affirmed, rejecting Schillinger’s arguments that the judge should have gleaned from his complaint two additional factual grounds for a failure-to-protect claim: that the officers did not respond fast enough to an alarm about a medical emergency on his unit once the attack was underway and they stood by without intervening to stop the attack. Upholding the exhaustion ruling, the court reasoned that while Schillinger pursued a complaint through all levels of the prison’s inmate-complaint system, he never mentioned the claim he raised in litigation: that the officers were aware of threatening behavior by the attacker before the assault and failed to protect him.