10-1013 Smith v. Peters

By: WISCONSIN LAW JOURNAL STAFF//January 19, 2011//

Listen to this article

Civil Rights
Cruel and unusual punishment

Where a prisoner alleges he was forced to work outdoors in winter without proper clothing, his civil rights suit should not have been dismissed.

“The ‘usual discomforts of winter’ to which the district judge referred do not include handling heavy tools with gloveless hands in subzero weather. Our prison system is not the gulag. Smith’s blisters could have been caused by his handling the stump removal tools without gloves, or could even have been precursors to or consequences of frostbite-the record does not say. But the allegations of the complaint are sufficient to preclude dismissal for failure to state a claim.”

Reversed and Remanded.

10-1013 Smith v. Peters

Appeal from the United States District Court for the Southern District of Indiana, Young, J., Posner, J.

Full Text

Select Region or Brand

Upcoming Event