Gooch v. Young, No. 21-1702 (7th Cir. 2022)
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Gooch alleged that correctional officers Young and Wilson falsely informed another inmate that Gooch had stolen from him and directed the inmate to “take action”; the inmate then attacked Gooch with a weapon. When Gooch defended himself, Wilson intervened and instructed Gooch to lie on the floor, where the inmate attacked him again. Gooch asked his correctional counselor for the form on which to file a grievance against the officers. Gooch asserts that his counselor refused to give him the form, stating “you better watch out snitching on staff.” Over the next two days, “multiple guards” walked by his cell, calling him a “rat” and making threats.
Three days later, Gooch filed a “Bivens action,” which was dismissed for failure to exhaust administrative remedies as required by the Prison Litigation Reform Act, 42 U.S.C. 1997e(a). The Seventh Circuit vacated. Exhaustion is not required when the responsible prison officials refuse to give a prisoner the necessary grievance form or thwart a prisoner from filing a grievance through threats or intimidation. Gooch attested that he feared for his life if he continued with the administrative-remedy process. The government did not contest his assertion and failed to meet its burden of showing that remedies were “available” to Gooch.
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