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IL Prisoner Refuses to Pursue Futile Grievance Procedure, Still Satisfies Exhaustion Requirement

Nedrick J. Hardy, an Illinois state prisoner, claimed he was denied medical attention for a broken hand for several months. He filed numerous grievances which prison staff ignored. After several months he filed suit in federal district court under 42 U.S.C. § 1983, claiming deliberate indifference to his medical needs in violation of the Eighth Amendment to the U.S. Constitution.

On a motion for summary judgment, the U.S. District Court for the Northern District of Illinois, Eastern Division, found that when prison officials ignore a prisoner’s grievances he no longer has to pursue them to exhaust administrative remedies. The court also found that Hardy had stated a colorable Eighth Amendment claim, and thus denied the state’s motion for summary judgment. See: Hardy v. Aguinaldo, (Sept. 10, 2002); 2002 WL 31017611.

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Related legal case

Hardy v. Aguinaldo