McCree v. Sherrod

408 F. App'x 990
Court of Appeals for the Seventh Circuit·Decided February 10, 2011·No. No. 10-1642·Published·Cited by 24 cases

Opinion

ORDER

Bruce McCree, a federal prisoner housed at the Federal Correctional Institution in Greenville, Illinois, filed a pro se Bivens action that named Greenville’s warden as its sole defendant. See Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics, 403 U.S. 388, 91 S.Ct. 1999, 29 L.Ed.2d 619 (1971). His complaint alleged that the prison had adopted an “unwritten policy” of triple-ceiling— housing three prisoners in the same cell— in violation of the Eighth Amendment’s protection against cruel and unusual punishment. McCree seeks to enjoin the practice. The district court screened McCree’s complaint, see 28 U.S.C. § 1915A, and dismissed it for failure to state a claim. For the reasons that follow, we affirm the district court’s judgment.

McCree alleges the following: His prison housing unit comprises about 60 cells, each of which measures approximately 105 square feet of floor space. Each cell is designed to hold two prisoners. In McCree’s housing block, however, the prison has outfitted 20 of the 60 cells to accommodate a third prisoner by adding a third, permanent bunk to these cells. This policy, McCree contends, violates the Eighth Amendment by imposing cruel and unusual conditions of confinement, leaving each inmate only 35 square feet of living space. Consequently, he says, each inmate in a three-inmate cell must sleep either with his head two feet from the uncovered cell toilet or, if oriented in the opposite direction, two feet from another prisoner’s genitals.

In support, McCree cites a Bureau of Prisons program statement setting forth guidelines for the layout and size of prison cells and quotes several studies and articles for the proposition that prisoners should be afforded a minimum of 60 square feet of space. His complaint also alleges that prison overcrowding can exacerbate health and security problems in [992] prisons, but does'not allege any dangers or harms to which he was subject.

The district court reasoned that McCree’s complaint amounted to an argument that the practice of triple-ceiling is per se unconstitutional because his complaint failed to satisfy either the objective or subjective elements of an Eighth Amendment claim. The court ruled that McCree had alleged no physical or mental harm as a result of the alleged prison conditions, and alleged nothing to connect the warden to the housing policy. The district court also faulted McCree for not alleging that he is housed in one of the overcrowded triple-occupancy cells, an omission that McCree cured with a filing in this court.

On appeal, McCree argues that his complaint adequately alleges a claim that the triple-ceiling policy violates the Eighth Amendment. To satisfy the notice-pleading requirements of Federal Rule of Civil Procedure 8(a)(2), a complaint need only include “a short and plain statement of the claim showing that the pleader is entitled to relief.” Fed.R.Civ.P. 8(a)(2); see Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007). Though “specific facts are not necessary,” Erickson v. Pardus, 551 U.S. 89, 93, 127 S.Ct. 2197, 167 L.Ed.2d 1081 (2007), a plaintiff must provide enough detail to “present a story that holds together.” Swanson v. Citibank, N.A., 614 F.3d 400, 404 (7th Cir.2010); see also Ashcroft v. Iqbal, - U.S. -, 129 S.Ct. 1937, 1949, 173 L.Ed.2d 868 (2009) (holding that the claim must be “ ‘plausible on its face.’ ”) (citation omitted). Substantively, a claim that Greenville’s alleged triple-ceiling policy violates the Eighth Amendment must satisfy both the objective and subjective components of a deliberate-indifference claim. That is, McCree had to allege how triple-ceiling produced conditions denying him “basic human needs” or “the minimal civilized measure of life’s necessities,” Rhodes v. Chapman, 452 U.S. 337, 347, 101 S.Ct. 2392, 69 L.Ed.2d 59 (1981), and that the warden inflicted those conditions deliberately- or recklessly, see Townsend v. Fuchs, 522 F.3d 765, 773 (7th Cir.2008).

The leading Supreme Court case addressing prison overcrowding is Rhodes v. Chapman, which held that Ohio prison’s practice of “double-ceiling” prisoners in 63-square-foot cells (or roughly 32 square feet per inmate) was not per se unconstitutional. 452 U.S. at 348-49, 101 S.Ct. 2392. The court noted that prison life was often uncomfortable by necessity and that only deprivations denying prisoners “the minimal civilized measure of life’s necessities,” id. at 347, 101 S.Ct. 2392, constitute violations of the Eighth Amendment. Only “extreme deprivations ... make out a conditions-of-confinement claim,” Hudson v. McMillian, 503 U.S. 1, 9, 112 S.Ct. 995, 117 L.Ed.2d 156 (1992); see also Babcock v. White, 102 F.3d 267, 273 (7th Cir.1996), because routine discomfort is “part of the penalty that [prisoners] pay for their offenses against society,” Rhodes, 452 U.S. at 347, 101 S.Ct. 2392.

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McCree v. Sherrod, 408 F. App'x 990 (7th Cir. 2011).

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