U.S. District Court, Western District of New York Case Summaries:

Daily Record (Rochester, NY), Sep 25, 2008

Prisoner

Civil Rights

George v. McGinnis

05-CV-84

Judge Schroeder

Background: The plaintiff commenced the suit pursuant to 42 U.S.C. [section]1983 alleging that, during his incarceration at the Southport Correctional Facility, he was deprived of rights pursuant to the Eighth and 14th Amendments when he was issued a deprivation order denying him exercise, haircuts, showers, cell cleaning supplies, soap, toothpaste, a toothbrush, toilet paper and hot water for 60 days after a shampoo bottle containing feces was discovered in his cell. Also, he alleges the commissioner's hearing officer denied his request for confidential testimony from his mental health social worker during the course of a prison disciplinary hearing regarding the discovery of the contraband. Both parties moved for summary judgment.

Ruling: The defendants' motion for summary judgment was denied with respect to the plaintiff's cause of action alleging cruel and unusual punishment, and granted with respect to the denial of due process. Judge Schroeder states the plaintiff's admission to possessing a container of feces in his cell cannot justify withholding cell clean-up privileges, haircut privileges, showers, exercise, toilet paper, toothpaste, a toothbrush, and soap from plaintiff for 60 days and summary judgment was denied on the Eighth Amendment claim.

Llewellyn George, pro se, and Delia Dianna Cadle, New York State Attorney General's Office, for the defendants