Beal v. Foster

Dist. Ct. erred in dismissing plaintiff-prisoner’s section 1983 action alleging that defendants-prison officials inflicted cruel and unusual punishment by verbally harassing him when directing comments at him that suggested that he was homosexual and by urinating in his presence, where Dist. Ct. based dismissal on erroneous belief that verbal harassment by itself was insufficient to establish 8th Amendment violation. Plaintiff’s allegations were sufficient to establish viable claim, where plaintiff argued that calling him homosexual increased likelihood that other inmates would sexually assault him, and where he alleged that he sought psychological assistance to address harm incurred as result of harassment. Ct. further observed that Dist. Ct. should have sought clarification of instant allegations from plaintiff prior to dismissing complaint.