Johnson v. Prentice

Dist. Ct. did not err in granting defendants-prison officials and prison medical officials’ motion for summary judgment in plaintiff-prisoner’s section 1983 action, alleging that his nearly 3-year placement in solitary confinement with no-yard privileges violated his 8th Amendment rights. Plaintiff also asserted that he was placed in unsanitary cell with poor ventilation and excessive heat and noise, and that defendants provided inadequate mental-health treatment. Plaintiff’s claim about placement in solitary confinement was waived due to his failure to raise issue in Dist. Ct. Moreover, record showed that lengthy withholding of yard privileges was sanction based on sheer volume of plaintiff’s misconduct, and defendants could properly impose consecutive 90-day periods of no-yard privileges based on separate misconduct violations, where said violations, which included beating guard, spitting on guard, setting fire to cell property and throwing bodily fluids at medical technicians, were not trivial. Also, plaintiff failed to provide evidence regarding frequency, severity or duration of unsanitary cell condition to support said claim, and plaintiff failed to show state-of-mind as to each defendant regarding each of complained about cell conditions. Too, record did not factually support plaintiff’s claim of deliberate indifference as to his mental-heath treatment, where defendants evaluated plaintiff’s mental condition, developed treatment plan for his mental illness, continuously monitored his condition and adjusted his medication as needed. (Partial dissent filed.)