Gomez v. Randle
2012 U.S. App. LEXIS 9656
| 7th Cir. | 2012Background
- Gomez, a pro se prisoner, filed a 42 U.S.C. § 1983 complaint against IDOC Director Randle, Stateville officials, and unknown defendants.
- In May 2009 Gomez was wounded by shotgun pellets during a prison fight when an unidentified officer fired from a catwalk.
- Gomez did not receive timely medical treatment; a medical technician and staff promised care that never materialized promptly.
- An IA investigator later intimidated Gomez and demanded a polygraph, threatening transfer to Menard for noncompliance.
- Gomez was transferred to Menard after a meeting with IA investigators; his emergency grievance was ultimately denied.
- The district court dismissed the case after the court-appointed counsel withdrew, citing statute of limitations and lack of viable claims.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the excessive-forced claim was timely despite unknown officer identity | Gomez argues tolling during the grievance process; timely if properly tolled | District court held claim untimely due to missing identity | Timeliness preserved; claim not barred by limitations. |
| Whether Gomez alleged deliberate indifference to medical needs | Gomez alleges serious medical need and delay in treatment | Dismissal appropriate for lack of named defendants or timely claim | Complaint states deliberate-indifference claim against Palmer and unknown medical technician. |
| Whether Gomez's First Amendment retaliation claim survives | Grievance activity and transfer were retaliatory | Transfer and actions not tied to protected activity | Retaliation claim stated; complaint survives as to the related defendants. |
Key Cases Cited
- Hudson v. McMillian, 503 U.S. 1 (1992) (excessive force standard: core inquiry of motive and brutality)
- Estelle v. Gamble, 429 U.S. 97 (1976) (deliberate indifference standard for medical care)
- Roe v. Elyea, 631 F.3d 843 (7th Cir. 2011) (serious medical need defined; objective standard for seriousness)
- Smith v. Knox Cnty. Jail, 666 F.3d 1037 (7th Cir. 2012) (delay in treatment can constitute deliberate indifference)
- Walker v. Sheahan, 526 F.3d 973 (7th Cir. 2008) (tolling during grievance process for § 1983 actions)