Gray v. Hardy

Dist. Ct. erred in granting defendant-warden’s motion for summary judgment in section 1983 action by plaintiff-prisoner alleging that defendant violated plaintiff’s 8^th Amendment rights by failing to adequately address his complaints regarding infestation of vermin, insects and birds in his cell. Plaintiff alleged both physical and psychological harm resulting from his conditions of confinement, where plaintiff asserted that his asthma worsened due to conditions of his cell. Fact that plaintiff lacked medical affidavit to establish linkage between his health and conditions of his cell was not fatal to his claim, where there was potential common-sense link between excessive dust and insect dander and his compromised breathing. Also, defendant’s signature on response to plaintiff’s grievance about conditions of his cell was enough to create triable issue as to whether defendant had sufficient notice of prison’s condition and plaintiff’s health concerns and whether he was deliberately indifferent to defendant’s health condition.