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Judges reverse dismissal of prisoner's suit

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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.

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  1. Compromising precious constitutional rights in order to protect them? Rather like the military intelligence slogan that the town had to be destroyed in order to save it. Looks like Joseph, Mary and Baby Jesus will have quite the eventful Boxing Day this year. Wise men will arrive to find no one to accept their gifts? Oh well, wisdom not all that desired this xmas anyway. Maybe the ACLU and Christian attorneys can work out a "three days every third year" visitation compromise and all of this messy litigation stuff can just be boxed up as well? It is an art form, now isn't it? Thomas More, a man of manifold compromises is undoubtedly cheering on wildly.

  2. From the MCBA: “This situation is not just about the death of Michael Brown, but the thousands of other African-Americans who are disproportionately targeted and killed by police officers.” The association said it was “saddened and disappointed” by the decision not to indict Ferguson police officer. HOPING that the MCBA will denouce the execution style killig of two NYC police officers this day, seemingly the act of one who likewise believes that the police are targeting blacks for murder and getting away with it. http://www.mediaite.com/online/two-nypd-cops-fatally-shot-in-ambush-in-brooklyn/ Pray this violence soon ends, and pray it stays far away from Indiana.

  3. "Am I bugging you? I don't mean to bug ya." If what I wrote below is too much social philosophy for Indiana attorneys, just take ten this vacay to watch The Lego Movie with kiddies and sing along where appropriate: https://www.youtube.com/watch?v=etzMjoH0rJw

  4. I've got some free speech to share here about who is at work via the cat's paw of the ACLU stamping out Christian observances.... 2 Thessalonians chap 2: "And we also thank God continually because, when you received the word of God, which you heard from us, you accepted it not as a human word, but as it actually is, the word of God, which is indeed at work in you who believe. For you, brothers and sisters, became imitators of God’s churches in Judea, which are in Christ Jesus: You suffered from your own people the same things those churches suffered from the Jews who killed the Lord Jesus and the prophets and also drove us out. They displease God and are hostile to everyone in their effort to keep us from speaking to the Gentiles so that they may be saved. In this way they always heap up their sins to the limit. The wrath of God has come upon them at last."

  5. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

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