Dist. Ct. did not err in granting defendants-prison officials’ motion for summary judgment in plaintiff-prisoner’s section 1983 action, alleging that defendants violated his 8th Amendment rights by assigning him prison cell over two-month period that had feces on walls, mattress covered in human waste, bunk bed with 100 dead flies and inadequate plumbing that caused him to develop rash. While plaintiff’s complaints were sufficient to establish 8th Amendment violation, record failed to support plaintiff’s claim that defendants were deliberately indifferent to his complaints with respect to his cell, where record showed that defendants attempted to promptly fix said complaints by providing new mattress, disinfecting solvent and gloves, as well as gave plaintiff three showers a week to accommodate him while he awaited repairs on cell’s faucet. Also, plaintiff’s skin condition, which concerned small clogged pore, was too insignificant to support 8th Amendment claim.
Federal 7th Circuit Court
Civil Court
Prisoners