Townsend v. Cooper

Dist. Ct. erred in granting defendants-prison officials’ motion for summary judgment in section 1983 action by plaintiff-prisoner alleging that defendants violated his 5th and 8th Amendment rights by imposing Behavior Action Plan (BAP) that included placement in segregated cell without any clothes, and at times, without mattress, as well as imposed severe restrictions on ability to read mail or have access to toiletries. While defendants argued that BAP was appropriate in light of plaintiff’s multiple prior attempts at suicide, record contained triable issue as to whether BAP imposed atypical and significant hardship without giving plaintiff opportunity to have notice of BAP or opportunity to be heard on its imposition. Moreover, plaintiff presented sufficient evidence to establish claim that BAP itself denied plaintiff minimal civilized measures of life’s necessities.