Green 161535 v. Curtin
1:10-cv-01009
W.D. Mich.Jan 20, 2011Background
- Green, a Michigan prisoner, sues ECF Warden Curtin, Dr. Crompton, NP Eipperle, SMN/DWH Dr. Talukder, DWH Health Care Administrator Morgan, and a Doe supervisor under 42 U.S.C. § 1983.
- Plaintiff alleges sarcoidosis with a need for 24-hour oxygen and claims inadequate outdoor exercise opportunities during confinement.
- Allegations focus on six-and-a-half months at DWH medical unit with restrictions on outdoor exercise due to oxygen rules.
- After transfer to ECF, Talukder's orders allegedly ended 24-hour oxygen; portable tank removed and in-cell concentrator provided, with exercise limited to in-cell activity.
- Plaintiff contends the conditions and medical decisions violated the Eighth Amendment, seeking injunctive relief and damages.
- Court, applying screening standards under 28 U.S.C. §§ 1915(e)(2), 1915A, and 42 U.S.C. § 1997e(c), dismisses the action for failure to state a claim.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether denial of outdoor exercise state of mind violated Eighth Amendment | Green alleges deliberate indifference by restricting outdoor exercise due to oxygen limits. | Defendants assert penological safety and medical judgment justified the restriction. | No Eighth Amendment violation; restrictions justified and not deliberately indifferent. |
| Whether denial of portable oxygen tank at ECF violated rights | Portable tank denial prevented outdoor exercise and proper medical care. | Safety concerns and medical orders supported limiting portable oxygen outside the unit. | Not a cognizable Eighth Amendment claim; adequate medical care provided under medical judgments. |
| Whether Talukder's change in medical orders constitutes deliberate indifference | Changing 24-hour oxygen access shows indifference to serious medical needs. | Change was a medical judgment; Plaintiff had 24-hour oxygen access in some form. | Fails to state an Eighth Amendment claim; mere disagreement with medical judgment. |
Key Cases Cited
- Rhodes v. Chapman, 452 U.S. 337 (1981) (constitutionality of prison confinements; deprivation must be minimal)
- Ivey v. Wilson, 832 F.2d 950 (6th Cir. 1987) (cruel and unusual punishment standard for prison conditions)
- Farmer v. Brennan, 511 U.S. 825 (1994) (deliberate indifference standard with objective/subjective components)
- Estelle v. Gamble, 429 U.S. 97 (1976) (negligence alone not a constitutional violation; need deliberate indifference)
- Rodgers v. Jabe, 43 F.3d 1082 (6th Cir. 1995) (yard time and penological interests; restrictions require justification)
- Washington v. Harper, 494 U.S. 210 (1990) (deference to prison administration in confinement matters)