Balle v. Kennedy

Dist. Ct. did not err in granting motion for summary judgment filed by two defendants-prison’s chief engineer and dietary manager in section 1983 action, alleging that defendants were deliberately indifferent to dangerous condition of prison kitchen, where plaintiff suffered severe burns after tripping on kitchen floor while carrying bucket of scalding water from stove to sink because hot water faucets in kitchen were not working. Plaintiff was required to show that defendants were actually exposed to information concerning risk of danger, and plaintiff failed to show that: (1) defendant dietary engineer knew or must have known that plaintiff was carrying dangerously hot water at time of his injuries; and (2) defendant chief engineer was aware that inmates were instructed to carry scalding water across kitchen floor. Dist. Ct. erred, though, in dismissing at pleading stage plaintiff’s claim against defendant-kitchen supervisor, where plaintiff alleged that supervisor was present in kitchen at time of plaintiff’s injuries, and where complaint pleaded sufficient facts to permit inference that supervisor was aware of floor condition that contained holes and broken tiles and was ware that water plaintiff was carrying was dangerously hot.