Turnage v. Dart, No. 20-3167 (7th Cir. 2021)
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Turnage, claiming that on September 21, 2016, he fell from an upper bunk at Cook County Jail and suffered a broken ankle, sought damages under the Americans with Disabilities Act, 42 U.S.C. 12132, and the Rehabilitation Act, 29 U.S.C. 794(a). He argued that the Jail knew that he has seizures but failed to enforce his lower-bunk permit (which had been issued to reduce his risk of falling).
Federal law requires prisoners to pursue administrative remedies, 42 U.S.C. 1997e(a), prescribed by the institution. The Jail requires prisoners to file grievances within 15 days of an “incident, problem, or event” and to appeal any adverse decision. Turnage filed a grievance on September 27 and filed an immediate appeal after that grievance was denied. The district court dismissed his suit, observing that Turnage could have filed a grievance when he was forced to take an upper bunk.
The Seventh Circuit reversed the dismissal. Turnage encountered a “problem” on August 30 but he experienced an “incident” on September 21; these were separate occasions for grievances. A grievance that is timely with respect to an injury satisfies section 1997e(a) when the suit seeks damages for that injury.
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