Reich v. Silver Bow Detention Center, 2:24-cv-00052

Robert Reich, a pretrial detainee, alleged his constitutional rights were violated when he was denied toothpaste at Butte-Silver Bow Detention Center for multiple weeks in 2024.
Reich filed grievances with detention staff, who stated toothpaste was on backorder and alternatives were sought.
Detention Center officials repeatedly ordered toothpaste, encountering supply delays; interim measures included purchasing from local vendors and distributing toothpaste in cups.
Reich claimed the lack of toothpaste caused toothaches and other discomforts but did not seek medical or dental treatment.
Defendants moved for summary judgment, asserting no deliberate indifference and that reasonable measures were taken to provide hygiene products.
The court reviewed whether the Fourteenth Amendment was violated due to the alleged deprivation and ultimately granted summary judgment for Defendants.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Was Reich denied toothpaste and thus subjected to unconstitutional conditions?	Denied necessary hygiene for several weeks, resulting in harm	Toothpaste was ordered; delays were uncontrollable; alternative provisions were made	There may have been a shortage, but deprivation alone is not sufficient without deliberate indifference
Did alternatives (brushing with water, etc.) suffice?	Alternatives inadequate for basic hygiene	The alternatives (water brushing, etc.) were sufficient and within routine jail discomforts	Factual dispute exists, but defendants failed to conclusively prove adequacy of alternatives
Did Defendants act with deliberate indifference or reckless disregard?	Defendants failed to act quickly to secure toothpaste	Defendants consistently sought to procure toothpaste and took reasonable interim actions	Defendants' conduct was not objectively unreasonable; no constitutional violation
Is municipal liability under §1983 implicated?	Sought damages from City/County entity	No underlying constitutional violation; thus no municipal liability	Not addressed substantively as there was no underlying constitutional claim

Tolan v. Cotton, 572 U.S. 650 (summary judgment standard; evidence must be viewed in light most favorable to nonmovant)
Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (summary judgment; genuine dispute of material fact standard)
Hunt v. Dental Dep’t, 865 F.2d 198 (lack of dental care can support constitutional claim)
Gordon v. Cnty. of Orange, 888 F.3d 1118 (sets standard for pretrial detainee conditions of confinement under the Fourteenth Amendment)
Shorter v. Baca, 895 F.3d 1176 (due process requires adequate food, clothing, shelter, sanitation, medical care for pretrial detainees)