Smith v. U.S.

• Position: CONDITIONS OF CONFINEMENT - Ureau of Prisons breached its duty - Brief Article

U.S. District Court

TEMPERATURE

Smith v. U.S., 207 F.Supp.2d 209 (S.D.N.Y. 2002). A federal prisoner field an action under the Federal Tort Claims Act (FTCA) alleging that the Bureau of Prisons breached its duty to provide him with suitable quarters. The district court entered judgment for the government, finding no violation. The inmate alleged that the Bureau failed to adequately heat his cell and that it was so cold that he could see his breath, that his knees swelled and his arthritis worsened, and that he suffered severe stress, anxiety and panic attacks. The court found credible evidence that the cell...