collecting eases and holding that “plaintiff is entitled to have the trier of fact determine whether the conditions of his [confinement], principally with regard to cell temperature and the provision of hygiene items, violated the minimal standards required by the Eighth Amendment.”
How later courts described this case
- collecting eases and holding that “plaintiff is entitled to have the trier of fact determine whether the conditions of his [confinement], principally with regard to cell temperature and the provision of hygiene items, violated the minimal standards required by the Eighth Amendment.”
- reversing the district court’s grant of summary judgment for federal prison officials, where the inmates alleged that the broken windows in the prison provided no relief from the outdoor wind chills of forty to fifty degrees below zero
- upholding reasonableness of digital rectal search against Eighth Amendment challenge because there was no evidence that officials undertook search in “malicious and sadistic fashion for the very purpose of causing harm”
- recognizing that “deliberate indifference” if a fact-based inquiry which should not be summarily disposed of without an adequate record
Written by the judges who cited it.
The opinion
RIPPLE, Circuit Judge,
concurring.
I believe that the principal opinion has stated the basic principles that ought to govern our disposition of the service of process issue, the “cold cell” issue, and the rectal search issue. With respect to the loss of the dictionaries, I believe that only two points need be made. First, Carlson v. Green, 446 U.S. 14 , 100 S.Ct. 1468 , 64 L.Ed.2d 15 (1980), is still the governing law, and an intermediate appellate court ought not hold that the federal Tort Claims Act displaces Bivens actions. Second, the allegation with respect to the loss of the dictionaries states a cause of action for negligence. Such an allegation does not state a cognizable claim under the Due Process Clause. See Daniels v. Williams, 474 U.S. 327 , 106 S.Ct. 662 , 88 L.Ed.2d 662 (1986).