# Del Raine v. Williford

> Court of Appeals for the Seventh Circuit · August 9, 1994 · 32 F.3d 1024

URL: https://www.frixlaw.com/law-library/cases/6931842

## Case

- **Full name:** Ronald DEL RAINE v. Jerry T. WILLIFORD, Warden, United States Penitentiary, Marion, Illinois Norman A. Carlson, Director, Federal Bureau of Prisons Harold G. Miller, Former Warden, United States Penitentiary, Marion, Illinois Kip Dillow Patrick W. Keohane John Brush J.D. Lamer Randel Burlison Dr. Robert Denton, Carl S. Deer, Davis Whitaker (formerly P. Whitaker) Thomas J. Gora, L. Edwards, Charles Sansom, Jon Michael Moralez, Michael B. Walker, John Sullivan, John L. Clark, Larry Morrison, Joseph Sively, Thomas V. Krajenta, L. Sheffer, Guy Barker, T.R. Trusty, Gary Thompson, P. Pool, Steve R. Thomas, Lieutenant Wertenberger, D. Williams, Steve Pysher, John Doe I, John Doe II, Gary French (formerly known as John Doe III), and John Doe IV
- **Court:** Court of Appeals for the Seventh Circuit
- **Decided:** August 9, 1994
- **Citations:** 32 F.3d 1024; 29 Fed. R. Serv. 3d 1370; 1994 U.S. App. LEXIS 21237; 1994 WL 412446
- **Precedential status:** Published
- **Opinion:** Concurrence by Ripple
- **Judges:** Manion, Ripple, Sharp
- **Cited by:** 172 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/6931842

## How later opinions describe it (automated extraction)

- 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
- recognizing that “deliberate indifference” if a fact-based inquiry which should not be summarily disposed of without an adequate record
- stating that a digital rectal search “falls under both the constitutional protections of the Fourth Amendment and the Eighth Amendment”

## Opinion text

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).

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6931842. Public record. Not legal advice.