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Jackson v. Duckworth

United States Court of Appeals, Seventh Circuit
Jan 27, 1992
955 F.2d 21 (7th Cir. 1992)

Summary

holding prisoner stated Eighth Amendment claim because, among other things, the prison's "drinking water contain[ed] small black worms which would eventually turn into small black flies"

Summary of this case from Jackson v. Brown

Opinion

No. 91-1355.

Submitted October 2, 1991.

Decided January 27, 1992.

Marshall Jackson, pro se.

David A. Nowak, Deputy Atty. Gen., Federal Litigation, Indianapolis, Ind., for defendants-appellees.

Appeal from the United States District Court for the Northern District of Indiana.

Before POSNER, COFFEY, and RIPPLE, Circuit Judges.


This is a prisoner's civil rights suit against officials of the Indiana prison system. The district judge granted summary judgment for the defendants. Only one of the many issues pressed by the prisoner on appeal merits discussion in a published opinion; the others are decided in an unpublished order issued today. The issue we discuss is whether the claim of cruel and unusual punishment presents a genuine issue of material fact. Both parties treat this as a "subhuman conditions" case, and focus on the objective inhumanity of the conditions. The prisoner's affidavit states that he was forced to live with "fifth, leaking and inadequate plumbing, roaches, rodents, the constant smell of human, waste, poor lighting, inadequate heating, unfit water to drink, dirty and unclean bedding, without toilet paper, rusted out toilets, broken windows, [and] . . . drinking water contain[ing] small black worms which would eventually turn into small black files." The defendants have presented sworn denials of these conditions, but summary judgment is not a procedure for resolving a swearing contest. Chandler v. Baird, 926 F.2d 1057 (11th Cir. 1991); Lewis v. Lane, 816 F.2d 1165, 1171 (7th Cir. 1987). The district judge said that "Mr. Jackson has failed to come forth with evidence to show a genuine issue of material fact as to whether he has endured violated the Eight Amendment." But an affidavit is evidence for purposes of determining whether a genuine issue of material fact exists. Fed.R.Civ.P. 56(c). And while the judge seems to have been displeased with what he called the "general" character of Jackson's allegation's in fact, the affidavit sets forth the allegedly barbarous conditions of his confinement in rather excruciating detail.

But, we emphasize, there is more to a subhuman-conditions case than subhuman conditions. "Punishment," for purposes of determining tort liability under 42 U.S.C. § 1983 for violation of the Eighth Amendment's prohibition against the infliction of cruel and unusual punishments, has both an objective component is the nature of the acts or practices alleged to constitute cruel and unusual punishment. Are they such acts or practices would be deemed cruel and unusual if prescribed in a state or federal statute as the lawful punishment for a particular offense? The answer is "yes" if Jackson's affidavit is truthful, because in our contemporary society it would be considered barbarous to imprison a criminal in conditions so strikingly reminiscent of the Black Hole of Calcutta. Ramos v. Lamm, 639, F.2d 559, 567-72 (10th Cir. 1980).

The subjective component of unconstitutional "punishment" is the intent with which the acts or practices constituting the alleged punishment are inflicted. The minimum intent required is " actual knowledge of impending harm easily preventable." Duckworth v. Franzen, 780 F.2d 645, 653 (7th Cir. 1985) (emphasis added); see Wilson v. Seiter, ___ U.S. ___, 111 S.Ct. 2321, 115 L.Ed.2d 271 (1991); McGill v. Duckworth, 944 F.2d 344 (7th Cir. 1991). A failure of prison officials to act in such circumstances suggests that the officials actually want the prisoner to suffer the harm. If the harm is remote rather than immediate, or the officials don't know about it or can't do anything about it, the subjective component is not established and the suit fails. See, e.g., Wilson v. Seiter, supra, 111 S.Ct. at 2326. Jackson's affidavit states, and the defendants do not deny, that the defendants visited his unit routinely, observed the conditions described in it, but failed to take adequate corrective measures. The defendants deny that the conditions were as Jackson described them and claim to have corrected the minor problems (such as infestation by roaches) that they acknowledge existed, but they do not suggest that any condition beyond their control would have prevented them from correcting the conditions that Jackson claims existed. There thus are triable issues concerning both the ghastliness of the conditions and the state of mind of the defendants.

The judgment for the defendants on the Eighth Amendment issue must be reversed and the case remanded for further proceedings consistent with this opinion. It should be unnecessary to add that we express no opinion on the ultimate merits of the plaintiff's claim; nor on whether any or all of the defendants may have other defenses not yet considered by the district judge.

In all other respects the judgment is affirmed, as explained in our order.

AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.


Summaries of

Jackson v. Duckworth

United States Court of Appeals, Seventh Circuit
Jan 27, 1992
955 F.2d 21 (7th Cir. 1992)

holding prisoner stated Eighth Amendment claim because, among other things, the prison's "drinking water contain[ed] small black worms which would eventually turn into small black flies"

Summary of this case from Jackson v. Brown

holding that prisoner satisfied the objective and subjective components of a conditions of confinement claim where convict was knowingly held in a cell with leaking and inadequate plumbing, roaches, rodents, broken windows, and drinking water containing small black worms

Summary of this case from Satterly v. Himelick

finding that the objective prong may be met by evidence of inadequate plumbing, vermin, smell of human waste, inadequate heating/light, lack of clean water, and other issues

Summary of this case from Smith v. Groves

finding adequate evidence of deliberate indifference where the plaintiff alleged that the defendants "visited his unit routinely, observed the conditions described in it, but failed to take adequate corrective measures"

Summary of this case from Campbell v. Cowen

finding sufficient evidence of deliberate indifference to preclude summary judgment where the plaintiff attested that the defendants "visited his unit routinely, observed the conditions described in it, but failed to take adequate corrective measures"

Summary of this case from Fields v. Fries

finding "conditions so strikingly reminiscent of the Black Hole of Calcutta" to be objectively subhuman

Summary of this case from McCann v. Village of Pontoon Beach

finding summary judgment inappropriate where there was a genuine dispute as to whether prisoner was held in cell that was filthy, smelled of human waste, lacked adequate heating, contained dirty bedding, had "rusted out" toilets and no toilet paper, and had black worms in the drinking water

Summary of this case from MORRIS v. LEY

reversing grant of summary judgment to defendants were prisoner was held in cell that allegedly was filthy and smelled of human waste, among other issues

Summary of this case from Pressley v. Miller

reversing the grant of summary judgment in a case where a prisoner attested that he was confined with, among other things, "filth, leaking and inadequate plumbing, roaches, rodents, the constant smell of human waste . . ."

Summary of this case from Steele v. Knight

reversing grant of summary judgment given unresolved questions of material fact regarding plaintiff's unfit drinking water, filthy cell, and broken plumbing

Summary of this case from Barnes v. Godinez

reversing district court's ruling that petitioner's affidavit alone did not show genuine issues of material fact, stating "[b]ut an affidavit is evidence for purposes of determining whether a genuine issue of material fact exists"

Summary of this case from Lockheed Martin Corporation v. U.S.

In Jackson v. Duckworth, 955 F.2d 21 (7th Cir. 1992), this court, speaking through Chief Judge Posner, evaluated whether a "claim of cruel and unusual punishment presents a genuine issue of material fact." Id. at 22.

Summary of this case from Del Raine v. Williford

In Duckworth, the plaintiff complained of “subhuman conditions,” including multiple, specific, examples of inhumane conditions.

Summary of this case from Ray v. Cates

In Jackson, the Seventh Circuit articulated the deliberate indifference standard by stating that failing to intervene in the face of a known risk constitutes a circumstance suggesting that the defendant wants the harm to occur.

Summary of this case from Bernard v. Ill. Dep't of Corr.

In Jackson, the Seventh Circuit found triable issues of fact with respect to whether defendants acted with deliberate indifference when plaintiff presented evidence that the defendants routinely visited his cell, observed the conditions within, and failed to take steps to remedy them.

Summary of this case from Wheeler v. Walker
Case details for

Jackson v. Duckworth

Case Details

Full title:MARSHALL JACKSON v. PLAINTIFF-APPELLANT, v. JACK DUCKWORTH, WARDEN; H…

Court:United States Court of Appeals, Seventh Circuit

Date published: Jan 27, 1992

Citations

955 F.2d 21 (7th Cir. 1992)

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