U.S. Appeals Court: HYGIENE SHOWERS TOILETS WATER BEDDING.

• Position: Brief Article

Palmer v. Johnson, 193 F.3d 346 (5th Cir. 1999). A state inmate brought a [sections] 1983 action for monetary and injunctive relief against correctional officials, alleging violation of his constitutional rights when he was forced to spend a night on a work field, along with other members of a work squad, without adequate bathroom facilities and shelter. The district court found a warden and assistant warden liable in their individual capacities, granted injunctive relief, and ordered claims for monetary damages to proceed to trial. The appeals court affirmed in part and remanded, finding that the inmate had demonstrated a violation of his clearly established Eighth Amendment rights and that the warden and assistant warden were not entitled to summary judgment on the basis of qualified immunity. The inmate alleged that he and other members of his work crew were confined outdoors overnight without any shelter, jackets, blankets, or a source of heat while the temperature dropped and the wind blew, and without b athroom facilities for 49 inmates sharing a small bounded area. The warden allegedly ordered this "sleep-out" in response to the inmates' response to a lecture they had...