McCray v. Lee, No. 18-1144 (2d Cir. 2020)Annotate this Case
Plaintiff pro se, a New York State prisoner, appealed the district court's dismissal of his 42 U.S.C. 1983 suit against correctional facility officials for failure to clear snow and ice from outdoor exercise yards for an entire winter, thereby allegedly violating plaintiff's rights under the Eighth Amendment by denying him physical exercise for four months, and causing him to be injured in a slip-and-fall accident.
The Second Circuit held that the district court erred in dismissing the Eighth Amendment claims under Federal Rule of Civil Procedure 12(b)(6), because the complaint states cognizable Eighth Amendment claims for damages with regard to the denial of physical exercise. The court noted that the district court properly dismissed as moot plaintiff's requests for injunctive or declaratory relief against officials at Green Haven. The court declined to exercise supplemental jurisdiction over plaintiff's state law claims.
The court upheld the district court's dismissal of the slip and fall claims where the complaint did not make any claims of exceptional circumstances that would elevate the Green Haven yard conditions beyond the typical level of danger presented by a slippery sidewalk or a wet floor. Finally, the contention that defendants failed to comply with a consent decree is not pleaded in the complaint and was not raised in the district court. Therefore, the court declined to address this argument. Accordingly, the court affirmed in part, vacated in part, and remanded in part.