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

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Cannabis is GOOD for our PEOPLE and GOOD for our STATE... 78% would like to see legal access to the product line for better Hoosier Heath. There is a 25% drop in PAIN KILLER Overdoses in states where CANNABIS is legal.

  2. This article is excellent and should be required reading for all attorneys and would-be attorneys, regardless of age or experience. I've caught myself committing several of the errors mentioned.

  3. Bill Satterlee is, indeed, a true jazz aficionado. Part of my legal career was spent as an associate attorney with Hoeppner, Wagner & Evans in Valparaiso. Bill was instrumental (no pun intended) in introducing me to jazz music, thereby fostering my love for this genre. We would, occasionally, travel to Chicago on weekends and sit in on some outstanding jazz sessions at Andy's on Hubbard Street. Had it not been for Bill's love of jazz music, I never would have had the good fortune of hearing it played live at Andy's. And, most likely, I might never have begun listening to it as much as I do. Thanks, Bill.

  4. The child support award is many times what the custodial parent earns, and exceeds the actual costs of providing for the children's needs. My fiance and I have agreed that if we divorce, that the children will be provided for using a shared checking account like this one(http://www.mediate.com/articles/if_they_can_do_parenting_plans.cfm) to avoid the hidden alimony in Indiana's child support guidelines.

  5. Fiat justitia ruat caelum is a Latin legal phrase, meaning "Let justice be done though the heavens fall." The maxim signifies the belief that justice must be realized regardless of consequences.

ADVERTISEMENT