Kenneth Charron v. Larry Allen, No. 20-3022 (8th Cir. 2022)
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Plaintiff, a Missouri inmate currently in custody at the Northeast Correctional Center (“NECC”), filed a pro se Section 1983 action against multiple defendants, claiming deliberate indifference to his serious medical needs and retaliation for filing grievances. The district court granted Plaintiff’s motion to proceed in forma pauperis on his individual capacity claims against Defendant, an employee of the Missouri Department of Corrections serving as food service manager at NECC during the time in question. After discovery, Defendant moved for summary judgment dismissing Plaintiff’s Complaint. As noted, Defendant argued that summary judgment was warranted because undisputed facts show that Defendant was not responsible for discontinuing Plaintiff’s Renal Diet.
The Eighth Circuit vacated a portion of the district court’s order granting summary judgment in favor of Defendant. The court explained that Defendant asserted exhaustion as an affirmative defense in his separate answer to Plaintiff’s complaint. In granting summary judgment, the district court did not consider exhaustion because it did not address Plaintiff’s 2015-2018 interference and retaliation claims. Thus, that issue remains open on remand.
Court Description: [Loken, Author, with Gruender and Grasz, Circuit Judges] Prisoner case - Prisoner civil rights. The district court erred in granting defendant Allen summary judgment without dealing with plaintiff's claim alleging Allen repeatedly stopped or otherwise interfered with plaintiff's physician-ordered medical diets; remanded for further proceedings.
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