# Adrian Thomas v. James Blackard > Court of Appeals for the Seventh Circuit · June 28, 2021 · 2 F.4th 716 URL: https://www.frixlaw.com/law-library/cases/4699250 ## Case - **Court:** Court of Appeals for the Seventh Circuit - **Decided:** June 28, 2021 - **Citations:** 2 F.4th 716 - **Precedential status:** Published - **Opinion:** Opinion - **Judges:** Scudder - **Nature of suit:** prisoner - **Cited by:** 533 later opinions in the Frix Law Library ## Citator (automated) - No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases. - Full citator and citing cases: https://www.frixlaw.com/law-library/cases/4699250 ## How later opinions describe it (automated extraction) - explaining that excessive risk to inmate's health and safety would be shown by evidence that inmate spent eight weeks in a cell with "feces, urine, and mold smeared on the walls, sink, and cell door; . . . there were roughly 100 dead flies on the bunk bed; and the sink emitted… - explaining that the plaintiff did not satisfy the subjective component of his Eighth Amendment claim because the record showed that the defendants promptly gave him an unsoiled mattress and cleaning supplies to deal with his unsanitary cell conditions - affirming district court's grant of summary judgment in conditions of confinement case where the record showed that the defendant acted reasonably in response to the prisoner's complaint about unsanitary conditions in his cell - finding a constitutional violation where prisoner was confined in a cell with feces covered walls, no hot water, dead flies in his bed, and a mattress covered in human waste - affirming summary judgment on subjective prong where defendants responded reasonably to plaintiff's complaints about cell conditions by replacing soiled mattress, providing cleaning supplies, and giving him access to hot water ## Opinion text In the United States Court of Appeals For the Seventh Circuit ____________________ No. 20-1718 ADRIAN THOMAS, Plaintiff-Appellant, v. JAMES S. BLACKARD and TODD PUNKE, Defendants-Appellees. ____________________ Appeal from the United States District Court for the Central District of Illinois. No. 1:18-cv-01122 — Sara Darrow, Chief Judge. ____________________ SUBMITTED MAY 24, 2021 * — DECIDED JUNE 28, 2021 ____________________ Before HAMILTON, SCUDDER, and KIRSCH, Circuit Judges. SCUDDER, Circuit Judge. Adrian Thomas sued several prison officials at Pontiac Correctional Center in Illinois alleg- ing they violated the Eighth Amendment by restricting him * We have agreed to decide the case without oral argument because the briefs and record adequately present the facts and legal arguments, and oral argument would not significantly aid the court. FED. R. APP. P. 34(a)(2)(C). 2 No. 20-1718 for two months to a cell with feces on the walls, a mattress covered in human waste, a bunk bed with a hundred dead flies, and inadequate plumbing that caused him to develop a rash. Had the officials done nothing in response to Thomas’s complaints, they would have violated the Constitution’s pro- hibition on cruel and unusual punishment. But, relying on un- disputed evidence showing that the prison responded to Thomas’s concerns and medical needs, the district court en- tered summary judgment for the officials. We affirm. I Thomas moved to a new cell on October 24, 2017. By his account, the cell was disgusting. Thomas claimed there were feces, urine, and mold smeared on the walls, sink, and cell door; the mattress was soiled with feces and reeked of urine; there were roughly one hundred dead flies on the bunk bed; and the sink emitted only cold, black, and oily water. Thomas complained orally and in written grievances about these con- ditions until he was transferred to another prison two months later. In the meantime, Pontiac officials mitigated most of the is- sues in Thomas’s cell. After Thomas complained about his mattress, prison officials got him a new one within two weeks. In those two weeks, Thomas used his sheets and blanket to avoid contact with the soiled mattress. Thomas also received gloves, which allowed him to remove the dead flies. To ad- dress the feces smeared on the walls, Thomas had a towel for cleaning and received a cup of a disinfectant solution at least six times during his eight-week stay in the cell. The feces re- mained in his cell, however, as Thomas admits that he refused to use the solvent to clean the walls. No. 20-1718 3 As for the lack of hot water, prison officials knew of the problem and ordered a repair in September 2017, before Thomas had even moved into the cell. While awaiting the re- pair, the officials allowed Thomas three hot showers per week, and the engineering staff attempted the repair in No- vember but were unsuccessful. Pontiac’s water supply under- went regular testing and met all environmental requirements. Shortly after moving to the new cell, Thomas sought treat- ment for dry skin and a rash on his back. A health worker noted “a small clogged pore on [his] midback,” recom- mended warm moist compresses, and told Thomas to return to sick call as needed. Thomas responded by saying he lacked access in his own cell to hot water, but he then managed to obtain hot water for the compresses from a neighboring in- mate. Thomas sought no further medical care during the re- mainder of his time at Pontiac. Thomas later invoked 42 U.S.C. § 1983 and sued multiple correctional officials, asserting Eighth Amendment claims re- garding his cell conditions and medical treatment at Pontiac. At screening, the district court dismissed all but two defend- ants, James Blackard and Todd Punke. Following discovery, the district court entered summary judgment for Blackard and Punke, concluding that Thomas was exposed to the cell’s poor conditions only briefly and the Pontiac staff addressed the issues without delay. As for the medical claim, the court determined that Thomas had failed to present evidence that his rash was serious enough to implicate the Eighth Amend- ment. Thomas now appeals. 4 No. 20-1718 II A Although “the Constitution does not mandate comforta- ble prisons,” it does mandate humane ones. Rhodes v. Chap- man, 452 U.S. 337, 349 (1981); see Farmer v. Brennan, 511 U.S. 825, 832 (1994). By prohibiting cruel and unusual punishment, the Eighth Amendment imposes duties on prison officials to “provide humane conditions of confinement” and “ensure that inmates receive adequate food, clothing, shelter, and medical care.” Farmer, 511 U.S. at 832. An official who fails to uphold these duties violates the Eighth Amendment upon ex- hibiting “deliberate indifference to a substantial risk of seri- ous harm to an inmate.” Id. at 828. This deliberate indifference standard includes “both an objective and subjective component.” Daugherty v. Page, 906 F.3d 606, 611 (7th Cir. 2018); see Farmer, 511 U.S. at 834. A prisoner challenging conditions of confinement must first show that the conditions were sufficiently serious as an objec- tive matter, meaning “that they den[ied] the inmate ‘the min- imal civilized measure of life’s necessities,’ creating an exces- sive risk to the inmate’s health and safety.” Isby v. Brown, 856 F.3d 508, 521 (7th Cir. 2017) (internal citation omitted) (quoting Rhodes, 452 U.S. at 347). Second, in covering the sub- jective component of the inquiry, the inmate must prove that prison officials acted with deliberate indifference—that they knew of and disregarded this excessive risk of harm to the in- mate. See Farmer, 511 U.S. at 834; Williams v. Shah, 927 F.3d 476, 480 (7th Cir. 2019). Thomas challenges the district court’s entry of summary judgment for the defendants. In this procedural posture, we No. 20-1718 5 owe Thomas our own fresh look at the record, reviewing it in the light most favorable to him as the nonmoving party. See Bridges v. Dart, 950 F.3d 476, 478 (7th Cir. 2020). B Thomas rooted his § 1983 claims in the allegedly inhu- mane conditions of his cell and the prison’s treatment of his skin condition. Having undertaken our own review, we agree with the district court’s assessment that no reasonable jury could conclude that Blackard and Punke violated Thomas’s rights under the Eighth Amendment. An essential teaching of Farmer v. Brennan—indeed the central essence of the Eighth Amendment—is that prisoners cannot be confined in inhumane conditions. See 511 U.S. at 832. Doing so deprives an inmate of the “minimal civilized measure of life’s necessities” and satisfies the objective re- quirement for an Eighth Amendment claim. Rhodes, 452 U.S. at 347; see also Vinning-El v. Long, 482 F.3d 923, 924 (7th Cir. 2007) (collecting cases that clearly establish that holding an inmate in a cell smeared with feces and blood, and lacking running water or a mattress, creates an excessive risk to health and objectively amounts to the deprivation of humane condi- tions). The Supreme Court reinforced these precise points in Tay- lor v. Riojas, holding that prison officials were not entitled to qualified immunity where they confined an inmate for four days in a cell covered floor to ceiling with feces, followed by two days in a frigid cell with a clogged drain overflowing with bodily waste, forcing the inmate to sleep naked on the floor in raw sewage. See 141 S. Ct. 52, 53–54 (2020) (per cu- riam). The Court had no reservations in concluding that such 6 No. 20-1718 conditions “violate the Eighth Amendment’s prohibition on cruel and unusual punishment” and, even more, that “any reasonable officer should have realized that [the inmate’s] conditions of confinement offended the Constitution.” Id. But to prove a violation of the Eighth Amendment, a pris- oner must go beyond allegations and produce evidence not only of the inhumane conditions, but also that officials were subjectively aware of these conditions and refused to take steps to correct them, showing deliberate indifference. See Farmer, 511 U.S. at 837; Daugherty, 906 F.3d at 611 (affirming entry of summary judgment for prison officials because no ev- idence showed the officials were aware of the alleged uncon- stitutional conditions). The initial cell conditions Thomas described, if true, were inhumane, as they posed an excessive risk to his health and deprived him of the “minimal civilized measure of life’s ne- cessities.” Rhodes, 452 U.S. at 347. Prison officials, we have un- derscored, must “provide inmates with ‘reasonably adequate ventilation, sanitation, bedding, hygienic materials, and utili- ties.’” Hardeman v. Curran, 933 F.3d 816, 820 (7th Cir. 2019) (quoting Gray v. Hardy, 826 F.3d 1000, 1005 (7th Cir. 2016)). Thomas’s assertions of feces-covered walls, a lack of hot wa- ter, hundreds of dead flies in his bed, and a mattress covered in human waste no doubt establish a material dispute on the objective prong of an Eighth Amendment claim. Indeed, these purported cell conditions are not far from the “deplorably un- sanitary conditions” decried in Taylor. 141 S. Ct. at 53. But that is not the end of the matter. Unlike in Taylor, Thomas failed to point to evidence that prison officials re- sponded with deliberate indifference to the abysmal cell con- ditions. See id. at 53–54. To the contrary, the record shows that No. 20-1718 7 officials reacted reasonably: Thomas promptly received a new, unsoiled mattress, several cups of disinfecting solvent to clean the walls, and gloves to remove the dead flies from his bunk bed. As for his complaint that his cell lacked hot water, Pontiac officials provided him with three hot showers per week while awaiting repair of the faucet. On this record, no reasonable jury could conclude these officials responded with deliberate indifference to Thomas’s cell conditions. See Farmer, 511 U.S. at 844 (explaining that prison officials “may be found free from liability if they responded reasonably to the risk”); cf. Johnson v. Pelker, 891 F.2d 136, 139 (7th Cir. 1989) (suggesting that prison officials may have violated the Eighth Amendment where they ignored an inmate’s request for cleaning supplies and water access while the inmate was housed for three days in a cell smeared with feces and without running water). Thomas admits that he received disinfectant but contends that the cold and dirty running water in his cell was unfit to use with the solvent for cleaning. But Thomas furnished no evidence that he ever told Blackard or Punke that he could not use the cleanser with the cell’s running water to remove the feces. So Thomas cannot establish that the officials’ response was unreasonable. See Daugherty, 906 F.3d at 611–12 (“[N]o reasonable jury could find that [the defendants] acted with deliberate indifference” when “there is no evidence that either of them was specifically aware of the particular conditions forming the basis of [the plaintiff’s] Eighth Amendment claim.”). In a grievance, Thomas also complained that the cell’s tap water was undrinkable. Although a lack of drinking water can constitute a separate Eighth Amendment violation, see 8 No. 20-1718 Hardeman, 933 F.3d at 820–21, Thomas has not developed any argument to this effect on appeal. Nor does he dispute that the prison’s water supply was regularly tested and met envi- ronmental requirements. In short, Thomas has not created a triable issue concerning a lack of clean drinking water. We pause to highlight one particular statement Thomas made in his appellate brief. He stated he “endured 35 days in a cell without working or running water.” This statement caught our attention, for a complete deprivation of running water for that length of time, coupled with the cell’s filthy con- ditions, would offend the Eighth Amendment. See id. (collect- ing cases). But Thomas’s assertion is belied by the record evi- dence: he testified at his deposition that the cell’s faucet pro- duced cold running water for the two months that he was con- fined there. Our review of the record shows that Thomas has failed to show that he lacked access to running water in his cell or otherwise for over a month. C Thomas pressed a second Eighth Amendment claim stem- ming from the prison’s treatment of his skin condition. Prison officials can be liable for violating the Eighth Amendment when they display deliberate indifference towards an objec- tively serious medical need, meaning “one that has been di- agnosed by a physician as mandating treatment or one that is so obvious that even a lay person would easily recognize the necessity for a doctor’s attention.” King v. Kramer, 680 F.3d 1013, 1018 (7th Cir. 2012) (citation omitted); see also Estelle v. Gamble, 429 U.S. 97, 104 (1976). The district court correctly concluded that, based on un- disputed evidence, no reasonable jury could find that No. 20-1718 9 Thomas’s skin condition presented an objectively serious medical need. Thomas had only a “small clogged pore” on his back that was treatable with warm compresses (which he re- ceived), and he never returned to sick call or suffered any lin- gering effects. Not “every ache and pain or medically recog- nized condition involving some discomfort can support an Eighth Amendment claim,” and Thomas has not adduced any evidence that his clogged pore was sufficiently serious. Gutierrez v. Peters, 111 F.3d 1364, 1372 (7th Cir. 1997); see also Hudson v. McMillian, 503 U.S. 1, 9 (1992) (“Because society does not expect that prisoners will have unqualified access to health care, deliberate indifference to medical needs amounts to an Eighth Amendment violation only if those needs are ‘se- rious.’”). Even if he had, Thomas also failed to identify any evidence showing that Blackard or Punke manifested deliber- ate indifference to his skin condition, a culpability standard akin to criminal recklessness. See King, 680 F.3d at 1018. The conditions of confinement Thomas encountered at Pontiac are troubling. But prison officials took steps to ad- dress the inadequacies. Because Thomas has not produced ev- idence of deliberate indifference by Blackard and Punke, we AFFIRM. --- Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/4699250. Public record. Not legal advice.