Jason Smith v. Michael Yarborough
Published: Jun. 5, 2010 | Result Date: Dec. 18, 2009 | Filing Date: Jan. 1, 1900 |Case number: CV 04-4502 Verdict – Defense
Court
USDC Central
Attorneys
Plaintiff
Joseph R. Ashby
(Ashby Law Firm PC)
Defendant
Susan E. Coleman
(Burke, Williams & Sorensen LLP)
Experts
Defendant
Robert G. Borg
(technical)
Facts
Plaintiff Jason Smith, an inmate in the B-1 administrative segregation overflow unit of Lancaster State Prison, claimed that from Aug. 28 2002 to Jan. 31, 2003, the warden unconstitutionally denied him outdoor exercise. The court granted in part two defense motions for summary judgment, narrowing the case to one defendant and one issue, while plaintiff was pro se, before attorneys were appointed to him.
Contentions
PLAINTIFF'S CONTENTIONS:
Smith claimed that the denial of outdoor exercise was a violation of the Eighth Amendment and that this was not related to any lockdowns or for a penological purpose. Smith contended that the prison decided not to transport him to a yard from his overflow housing unit without a legitimate penological purpose. Smith also claimed that other inmates in other administrative segregation housing units received regular exercise during the time in question.
DEFENDANT'S CONTENTIONS:
The warden claimed that the lack of exercise was due to a lockdown during the time period, which was a response to an attempted murder of multiple officers that occurred on Aug. 12, 2002. Smith's housing units were the last to be taken off lockdown because of violent incidents and rumors of threats in his overflow housing. This lockdown was for the legitimate penological purposes of preventing additional violence and restoring order. Also, the warden claimed qualified immunity because his actions were made in good faith.
Damages
He sought $5,000 a month, or $25,000 total for compensatory damages and punitive damages.
Injuries
Smith claimed muscle atrophy, headaches, loss of visual acuity, and emotional distress from the lack of exercise.
Result
The jury found that no constitutional violation occurred.
Poll
8-0
Length
four days
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