Professional Documents
Culture Documents
No. 10-7193
Appeal from the United States District Court for the Northern
District of West Virginia, at Elkins.
John Preston Bailey,
Chief District Judge. (2:09-cv-00107-REM-JES)
Submitted:
Decided:
PER CURIAM:
William Eugene Webb appeals from the district courts
order adopting the report and recommendation of the magistrate
judge and dismissing Webbs Bivens * complaint challenging his
prisons conditions for failure to state a claim.
Specifically,
the district court concluded that Webb had failed to produce any
evidence
that
physical
or
he
had
emotional
sustained
any
injury
as
serious
result
or
of
significant
[the
alleged]
dismissal
for
failure
to
state
claim
upon
which
In considering a motion to
be
dismissed
unless
it
appears
beyond
doubt
that
the
plaintiff could not recover under any set of facts which could
be proven.
1978).
We
have
held
that,
in
the
context
of
of
serious
resulting
or
from
significant
the
physical
challenged
or
emotional
conditions,
or
the
prisoner's
conditions.
Jail
unwilling
exposure
to
the
challenged
employees
may
not
ignore
dangerous
condition
of
only
injury
and,
that
Webb
therefore,
had
not
alleged
failed
to
state
The court
significant
a
claim.
personal
Thus,
the
unsanitary
conditions,
3
the
spread
of
disease,
an
See Gates v.
Cook, 376 F.3d 323, 338 (5th Cir. 2004) (holding evidence that
cells were crusted with fecal matter, chipping paint, urine, and
old food was sufficient to show a substantial risk of serious
harm); Shannon v. Graves, 257 F.3d 1164, 1169 (10th Cir. 2001)
(holding
that
blankets
contaminated
with
sewage
constituted
1291-92
(10th
Cir.
2001)
(holding
that
three
days
in
to
institute
system
to
prevent
the
spread
of
F.2d
increased
418,
428
stress,
(3d
Cir.
anxiety,
1990)
and
(holding
depression,
that
as
evidence
well
as
of
the
substantial
satisfies
the
risk
of
serious
objective
harm.
component
Thus,
of
an
Webbs
complaint
Eighth
Amendment
See
Rish v. Johnson, 131 F.3d 1092, 1096 (4th Cir. 1997) (citing
objective and subjective components of Eighth Amendment claim).
Accordingly,
we
vacate
the
district
courts
order
deny
dispense
Webbs
with
motion
oral
to
file
argument
an
amicus
because
curiae
the
facts
brief.
and
We
legal