Opinion · Court of Appeals for the Seventh Circuit

Del Raine v. Williford

32 F.3d 1024

Type
Opinion
Court
Court of Appeals for the Seventh Circuit
Jurisdiction
Federal
Date
1994-08-09
Topic
general

concluding that there was no constitutional violation in a rectal search conducted in the lobby area of the prison’s hospital | concluding that there was no constitutional violation in a rectal search conducted in the lobby area of the prison’s hospital | recognizing that “deliberate indifference” if a fact-based inquiry which should not be summarily disposed of without an adequate record | concluding that even short exposure to bitter cold may violate Eighth Amendment | recognizing prisoner’s Bivens claim alleging that he was forced to 42 Nos. 10-1687 & 10-2442 live in bitterly cold cell | concluding that even short exposure to bitter cold may violate Eighth Amendment | recognizing prisoner’s Bivens claim alleging that he was forced to live in bitterly cold cell | holding inmate need not allege frostbite or hypothermia to establish that cold temperatures endangered inmateʹs health | noting that personal involvement can take the form of formulating and directing an unconstitutional policy | noting that personal involvement can take the form of formulating and directing an unconstitutional policy | explaining that “deliberate indifference de- scribes a state of mind more blameworthy than negli- gence” | noting that the execution of a digital rectal probe of an inmate for contraband falls “under both the constitutional protections of the Fourth Amendment and the Eighth Amendment” | noting that the execution of a digital rectal probe of an inmate for contraband falls “under both the constitutional protections of the Fourth Amendment and the Eighth Amendment” | noting that the execution of a digital rectal probe of an inmate for contraband falls “under both the constitutional protections of the Fourth Amendment and the Eighth Amendment” | rejecting claim that rectal probe performed in lobby area of prison hospital was “unnecessarily brutal, painful, and humiliating” | rejecting claim that rectal probe performed in lobby area of prison hospital was “unnecessarily brutal, painful and humiliating” | rejecting claim that rectal probe performed in lobby area of prison hospital was “unnecessarily brutal, painful and humiliating” | upholding reasonableness of digital rectal search against Eighth Amendment challenge because there was no evidence that officials undertook search in “malicious and sadistic fashion for the very purpose of causing harm” | discussing the guile with which prisoners have se- creted dangerous objects and contraband | need not allege frostbite or hypothermia to establish that cold temperatures endangered inmate’s health | inmate was repeatedly placed naked in cell with an open window and an outdoor wind chill of 40 to 50 degrees below zero | “[T]here must be individual participation and involvement by a defendant . . . .” (collecting cases) | frostbite, hypothermia, and other injury is not required to show a violation of the Eighth Amendment arising from exposure to cold temperatures | inmate was repeatedly placed naked in cell with an open window and an outdoor wind chill of 40 to 50 degrees below zero | “A [rectal] search . . . falls under both the constitutional protections of the Fourth Amendment and the Eighth Amendment.” | "[t]he most that the record here discloses with reference to lost or taken books is possible negligence and that is not enough for a constitutional claim" | "[t]he most that the record here discloses with reference to lost or taken books is possible negligence and that is not enough for a constitutional claim" | “Abusiveness occurs when there is evidence of some palpable malevolence attributable to a prison official exacerbated by the lack of a justifiable penological objective for the search.” | need not allege frostbite or hypothermia to establish that cold temperatures endangered inmate’s health | temperature reached 50 degrees be- low zero during an inmate’s strip search | an individual defendant must have caused or participated in a constitutional deprivation | temperature reached 50

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