ILNews

Judges reverse dismissal of prisoner's suit

Back to TopCommentsE-mailPrintBookmark and Share

The 7th Circuit Court of Appeals reversed the dismissal of a prisoner’s civil rights suit that stemmed from his lack of gloves while working in the cold to remove tree stumps.

Chief Judge Richard Young of the Southern District of Indiana dismissed Anthony Smith’s First and Eighth Amendment claims for failure to state a claim. Smith, an inmate in state prison, alleged that he and others assigned to the stump crew were forced to work in the “freezing cold” with axes, pickaxes, and shovels without receiving any safety instructions or protective gear. He developed blisters from handling the heavy tools without gloves in the cold.

He also filed grievances with prison officials regarding the hazards, and he was transferred to a recreational job. But he alleged that he was eventually retaliated against for complaining by being fired from his new job and having his access to the law library limited.

Chief Judge Young dismissed the Eighth Amendment claim on the ground that Smith’s blisters were nothing more than the “usual discomforts of winter” and ruled that his fear of the dangerous conditions was a claim for emotional or psychological injury, which isn’t actionable without a physical injury. The chief judge didn’t address the First Amendment claim.

“The ‘usual discomforts of winter’ to which the district judge referred do not include handling heavy tools with gloveless hands in subzero weather. Our prison system is not the gulag,” wrote Judge Richard Posner in Anthony L. Smith v. Gilbert Peters, et al. “Smith’s blisters could have been caused by his handling the stump removal tools without gloves, or could even have been precursors to or consequences of frostbite – the record does not say. But the allegations of the complaint are sufficient to preclude dismissal for failure to state a claim.”

Smith’s allegations regarding the hazardous work environment also present a distinct Eight Amendment claim. Previous caselaw has held that prison officials who recklessly expose a prisoner to a substantial risk of serious physical injury violate his or her Eighth Amendment rights, wrote Judge Posner. Therefore, they are subject to the remedies that are not barred by 42 U.S.C. Section 1997e(e), such as injunctive relief or nominal and punitive damages.

In addition, the District Court erred in not addressing the First Amendment complaint, because if the facts alleged are true, Smith was punished for complaining about being mistreated and that punishment is an infringement of the free speech rights of inmates, wrote the judge. The 7th Circuit remanded for further proceedings.

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  2. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  3. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  4. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

  5. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

ADVERTISEMENT