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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. First comment on this thread is a fitting final comment on this thread, as that the MCBA never answered Duncan's fine question, and now even Eric Holder agrees that the MCBA was in material error as to the facts: "I don't get it" from Duncan December 1, 2014 5:10 PM "The Grand Jury met for 25 days and heard 70 hours of testimony according to this article and they made a decision that no crime occurred. On what basis does the MCBA conclude that their decision was "unjust"? What special knowledge or evidence does the MCBA have that the Grand Jury hearing this matter was unaware of? The system that we as lawyers are sworn to uphold made a decision that there was insufficient proof that officer committed a crime. How can any of us say we know better what was right than the jury that actually heard all of the the evidence in this case."

  2. wow is this a bunch of bs! i know the facts!

  3. MCBA .... time for a new release about your entire membership (or is it just the alter ego) being "saddened and disappointed" in the failure to lynch a police officer protecting himself in the line of duty. But this time against Eric Holder and the Federal Bureau of Investigation: "WASHINGTON — Justice Department lawyers will recommend that no civil rights charges be brought against the police officer who fatally shot an unarmed teenager in Ferguson, Mo., after an F.B.I. investigation found no evidence to support charges, law enforcement officials said Wednesday." http://www.nytimes.com/2015/01/22/us/justice-department-ferguson-civil-rights-darren-wilson.html?ref=us&_r=0

  4. Dr wail asfour lives 3 hours from the hospital,where if he gets an emergency at least he needs three hours,while even if he is on call he should be in a location where it gives him max 10 minutes to be beside the patient,they get paid double on their on call days ,where look how they handle it,so if the death of the patient occurs on weekend and these doctors still repeat same pattern such issue should be raised,they should be closer to the patient.on other hand if all the death occured on the absence of the Dr and the nurses handle it,the nurses should get trained how to function appearntly they not that good,if the Dr lives 3 hours far from the hospital on his call days he should sleep in the hospital

  5. It's a capital offense...one for you Latin scholars..

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