Husch Blackwell secured a pro bono victory in the U.S. District Court of Appeals for the Seventh Circuit on behalf of a former inmate of the Oshkosh Correctional Institution. The client, who suffers a severe muscle disease, alleged that correctional officers were deliberately indifferent and negligent in their response to his medical needs in violation of his Eighth Amendment rights.
The Husch Blackwell team convinced the three-judge panel that the client’s administrative remedies were not available to him, that he should be excused from the exhaustion requirement and that he should be able to proceed with his meritorious claims. The case was remanded to the District Court for further discovery and a trial on the merits.