United States Seventh Circuit
Obriecht v. Frank, 07-1924
In a suit alleging that plaintiff was denied procedural due process when he was transferred to a mental health facility and forced to take psychotropic medications, summary judgment for defendants is affirmed where: 1) plaintiff's arguments that he had exhausted his administrative remedies were not supported by admissible evidence; 2) plaintiff waived his argument that his failure to exhaust should be excused because he was not afforded access to legal materials; and 3) despite the fact that the district court analyzed his motion to reconsider under the wrong rule, plaintiff still would not prevail under the correct rule.
Appellate Information
- Decided 02/22/2008
- Published 02/22/2008
Judges
- RIPPLE, Circuit Judge., Before RIPPLE, MANION and WOOD, Circuit Judges.
Court
- United States Seventh Circuit
Counsel
- For Appellant:
- Andrew M. Obriecht, Plymouth, WI, pro se.
- For Appellees:
- Jody J. Schmelzer, J.B. Van Hollen, Office of the Attorney General, Wisconsin Department of Justice, Madison, WI, for Defendants-Appellees.