Reversed and remanded. A prisoner suing under the 8th Amendment for the prison's failure to treat his nasal polyps claimed he didn't receive notice of a deposition until after he was called out of his cell to meet with one of the defendants in the suit. He refused to answer questions and said he was feeling ill. The lower court dismissed with prejudice as sanctions, but the court of appeals determined that although this is sometimes a proper sanction the lower court had acted too quickly.