Gray v. Hardy, No. 13-3413 (7th Cir. 2016)
Annotate this CaseGray, an inmate at Illinois’s Stateville Correctional Center for 15 years, sued the warden under 42 U.S.C. 1983, alleging that the warden violated the Eighth Amendment by failing adequately to address the infestation of vermin, insects, and birds in Gray’s cell. He alleged that the prison cleans only infrequently and does not fix broken windows and holes in the walls. Gray suffers from asthma and claims that he had not had an attack for seven years before arriving at Stateville and that he now takes a prescription for attacks that occur about every two years. Gray claims that he has also suffered rashes and is given inadequate access to cleaning supplies. Gray has submitted unsuccessful grievances through the prison’s system. The district court granted summary judgment to the warden, finding that none of the conditions Gray described were so bad that they violated the Eighth Amendment. The Seventh Circuit reversed, holding that Gray’s individual claims were dismissed prematurely. On remand, the district court can decide how to coordinate the case with a pending class action involving similar allegations.
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