Ebmeyer v. Brock, No. 19-2065 (7th Cir. 2021)
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Inmate Ebmeyer alleged that when the Illinois Department of Corrections Special Operations Response Team, “Orange Crush” performed a facility-wide shakedown, they subjected him to a humiliating, unconstitutional strip search and excessive force, in violation of his Eighth Amendment rights and 42 U.S.C. 1983. He asserted that an unidentified “John Doe” placed him in extremely tight handcuffs that caused him injuries; Sergeant Oelberg struck him with a baton, squeezed his testicles, and forced him to stand handcuffed and facing a wall in a stress position for more than three hours; and prison officials Yurkovich and Akpore promulgated policies that encouraged the challenged unconstitutional conduct.
The court granted summary judgment in favor of Yurkovich, Akpore, and Oelberg for failure to exhaust his administrative remedies. After Ebmeyer identified the unnamed defendant as Adam Brock, the court became aware that Ebmeyer had known from the beginning that John Doe’s first name was “Adam,” and issued an Order to Show Cause why it should not dismiss the case with prejudice for Ebmeyer’s failure to disclose that information sooner. The court rejected Ebmeyer’s ensuing explanation and dismissed the suit. The Seventh Circuit vacated as to Brock but otherwise affirmed. Ebmeyer did not establish that the grievance process was unavailable. The court failed to make the necessary findings to support the dismissal sanction.
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