Sam Thurmond, Sr. v. Gary Andrews

Summary

Six former inmates sued Faulkner County jail employees and the county under § 1983, alleging unconstitutional conditions of confinement due to mold (Cladosporium) in the showers. The Eighth Circuit reversed the denial of qualified immunity for the individual defendants, holding that the right to be free from common mold in prison showers was not clearly established, as no controlling precedent or robust consensus of persuasive authority addressed such environmental allergens in the conditions-of-confinement context. The court also held it lacked jurisdiction over the county’s appeal because the county’s liability was not inextricably intertwined with the qualified immunity issue. The case underscores that broadly defining a right to sanitary conditions is insufficient for clearly established law; a more particularized inquiry is required.

Holdings

1. The individual defendants are entitled to qualified immunity because the right to be free from Cladosporium mold or other allergens in prison conditions at the levels alleged was not clearly established.
2. The court lacks jurisdiction to hear the county's appeal because the determination of county liability is not inextricably intertwined with the qualified immunity issue.

Questions Presented

1. Whether the individual defendants (Andrews and Riedmueller) are entitled to qualified immunity for the alleged unconstitutional conditions of confinement due to mold.
2. Whether the court has jurisdiction over the county's appeal of the denial of summary judgment.

Disposition

reversed