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Cruel & Unusual Punishment

By: Derek Hawkins//September 28, 2015//

Cruel & Unusual Punishment

By: Derek Hawkins//September 28, 2015//

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Civil

7th Circuit Court of Appeals

Officials: BAUER, POSNER, and MANION, Circuit Judges.

Cruel & Unusual Punishment

No. 14-1169 Donald A. Smith v. Thomas Dart

Appellant inadequate food and contaminated water claims improperly dismissed by district court.

“The district court dismissed Smith’s inadequate food claim on the ground that his complaint did not suggest that meals served at the jail are nutritionally deficient or present a substantial danger of harm. Smith’s first letter adds to this claim by alleging, among other things, that his “[f]ood is well below nutritional value.” At the motion to dismiss stage, these six words make all the difference under our precedent. See Antonelli, 81 F.3d at 1432 (holding inmate’s allegation of a “nutritionally deficient diet” sufficient to “state a claim for a violation of the Due Process Clause or the Eighth Amendment”). This claim, therefore, should not have been dismissed.”

“In his first letter, Smith further alleges with respect to this claim that “the [correctional officers] do not drink the water yet we have to and it is a known fact that the water in the jail is polluted and contains high levels of alpha + beta radiation also cyanide and lead.” Certainly, the presence of contaminants such as cyanide and lead may render water unsafe to drink. Thus, accepting Smith’s allegations as true, as we must at this stage, we cannot say Smith’s allegations of contaminated water fail to state a claim upon which relief can be granted.”

Reversed in Part

Affirmed in Part

Full Text


Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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