Eighth Amendment-Deliberate Indifference

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7^th Circuit Court of Appeals

Case Name: Willie Balle v. David Kennedy

Case No.: 21-2393                     

Officials: Easterbrook, Rovner, and St. Eve, Circuit Judges

Focus: Eighth Amendment-Deliberate Indifference

A kitchen supervisor instructed Balle, an Illinois state prisoner, to transport near-boiling water in a plastic five-gallon bucket across a wet and damaged floor. Unfortunately, Balle’s foot got caught in a hole, causing him to fall down. As a result, the scalding water splashed on him, resulting in severe burns. Balle filed a lawsuit against multiple prison officials, alleging that they violated the Eighth Amendment by displaying deliberate indifference towards the hazardous kitchen conditions. Initially, the district court dismissed some of Balle’s claims during the pleading stage and granted summary judgment on the remaining ones.

The Seventh Circuit partially upheld the decision. Insufficient evidence in the record exists to establish a genuine dispute regarding the subjective awareness of two defendants. Considering the record from Balle’s perspective, a reasonable jury might conclude that the kitchen conditions posed a significant and objective danger to inmates. However, due to gaps in the record, it is not possible for a jury to infer that these two defendants were actually aware of the perilous conditions, specifically the requirement for inmates to transport scalding water across the damaged floor. Consequently, the court reversed a portion of the decision, reinstating the claim against the kitchen supervisor who enforced the transportation of scalding water. The court also affirmed the denial of a motion to appoint legal counsel.

Affirmed in part, reversed in part and remanded

Decided 07/14/23

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