Pennington v. Taylor.

• Position: CLASSIFICATION & SEPARATION - Brief Article

U.S. District Court

LOWER BUNK

Pennington v. Taylor, 343 F.Supp.2d 508 (E.D.Va. 2004). A state prisoner brought a pro se [section] 1983 against a correctional officer, alleging that the officer showed deliberate indifference to a risk of harm by assigning him to a top bunk in light of certain medical conditions. The district court granted summary judgment in favor of the officer. The court held that the officer was not deliberately indifferent because he simply had the prisoner's representations as to his medical condition, and she had no duty to confirm the representations because she had...