United States Seventh Circuit

In a prisoner civil rights action, rulings against plaintiff are affirmed in part where: 1) plaintiff did not present evidence to call into question the prison's explanation for denying him dietary supplements; 2) plaintiff failed to show that prison officials were deliberately indifferent to a risk posed by his diet; 3) the court properly ruled against plaintiff's claim that the prison provided him with inadequate clothing as the evidence does not rise to the level of objectively serious harm necessary to show an Eighth Amendment violation; and 4) the court did not err in granting judgment as a matter of law on his censorship claim as prisons have great latitude in limiting the reading material of prisoners. Judgment is vacated where: 1) the court should have let plaintiff's strip search claim go to the jury as there was relevant evidence on which the jury could have relied to conclude that the searches were done with an intent to harass; and 2) plaintiff's retaliation claim raised factual questions that should have gone to the jury.

Appellate Information

• Decided 07/16/2009
• Published 07/16/2009

Judges

• PER CURIAM., Before CUDAHY, POSNER, and EVANS, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• Tiberius Mays, Dixon, IL, pro se.


• For Appellees:
  
• Rachel A. Murphy, Office of the Attorney General Civil Appeals Division, Chicago, IL, for Defendants-Appellees.