United States Seventh Circuit

Dismissal of a prisoner's civil rights suit under 42 U.S.C. section 1983 is reversed in part where: 1) documents attached to plaintiff's pro se complaint showed a possible willful indifference on the part of treating physicians; 2) the judge should have allowed the plaintiff to amend his claim that confinement to a smoking cell amounted to cruel and unusual punishment and deliberate indifference; and 3) the judge should have allowed an amendment concerning plaintiff's claim that the warden had retaliated against him for the exercise of his First Amendment rights.

Appellate Information

• Decided 05/03/2007
• Published 05/03/2007

Judges

• POSNER, Circuit Judge., Before POSNER, WOOD, and WILLIAMS, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• Thomas Powers (submitted), Dixon, IL, pro se.


• For Appellees:
  
• Rachel A. Hoover, Office of the Attorney General, Chicago, IL, Karen L. Kendall, Heyl, Royster, Voelker & Allen, Peoria, IL, for Defendants-Appellees.