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Delaware Prisoner’s Conditions Suit States Claim
Delaware Prisoner's Conditions Suit States Claim
The plaintiff alleges that while a detainee he had to sleep on the floor for a week in Booking and Receiving; when he was assigned to housing, he had to sleep on the floor for three weeks before receiving a bed; he was housed in a one-man cell with two other men; the open toilet in his cell is unsanitary and deprives him of privacy; there is a lack of showers and excessive noise; he was housed with sentenced prisoners; and he was subject to second-hand smoke.
These conditions can be sufficient to establish a due process or Eighth Amendment violation. The court can't tell whether the plaintiff can show deliberate indifference, but he is proceeding pro se and should be permitted discovery. See: Harris v. Brewington-Carr, 49 F.Supp.2d 378 (D.Del. 1999).
The plaintiff alleges that while a detainee he had to sleep on the floor for a week in Booking and Receiving; when he was assigned to housing, he had to sleep on the floor for three weeks before receiving a bed; he was housed in a one-man cell with two other men; the open toilet in his cell is unsanitary and deprives him of privacy; there is a lack of showers and excessive noise; he was housed with sentenced prisoners; and he was subject to second-hand smoke.
These conditions can be sufficient to establish a due process or Eighth Amendment violation. The court can't tell whether the plaintiff can show deliberate indifference, but he is proceeding pro se and should be permitted discovery. See: Harris v. Brewington-Carr, 49 F.Supp.2d 378 (D.Del. 1999).
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Related legal case
Harris v. Brewington-Carr
| Year | 1999 |
|---|---|
| Cite | 49 F.Supp.2d 378 (D.Del. 1999) |
| Level | District Court |
| Injunction Status | N/A |