Cruel and unusual punishment.

10. Cruel and Unusual Punishment U.S. District Court Bultema v. U.S., 195 F.Supp.2d 1001 (N.D.Ohio 2002). A federal prisoner brought an action INJURY against the United States under the Federal Tort Claims Act (FTCA), claiming negligence after he fell from an upper bunk bed and severely injured his knee. The district court granted summary judgment in favor of the defendants, finding that the alleged negligence of the prison warden fell within the discretionary function exception of FTCA. The court found that the prisoner's contributory negligence, by failing to tell his unit officer that he was entitled to a bottom bunk, was the proximate cause of his injuries. Prison personnel had medically determined that the prisoner was required to sleep on a bottom bunk, but the warden decided to have the inmate tell unit officers that the had a bottom bunk pass, rather than requiring medical personnel to inform the officers. The court found that the warden's decision to refrain from using ladders or guardrails on upper bunk beds in the prison was within the discretionary function exception of FTCA, even though the inmate stated that prisoners frequently fall from upper bunk beds and hurt themselves. The court noted that there were valid safety and security concerns relating to the use of ladders or guardrails with the bunk beds, since the rails and ladders can be broken and used as weapons or escape devices. (Federal Correctional Institution, Elkton, Ohio) U.S. Appeals Court Carney v. Craven, 40 Fed.Appx. 48 (6th Cir. 2002). A state prisoner brought a civil rights LIGHTING action under [section] 1983...

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