Vitaly V. Kononov v. Leahy, et al.

Summary

The document contains findings and recommendations by a United States Magistrate Judge in a prisoner civil-rights action under 42 U.S.C. § 1983. The court recommends granting defendants’ unopposed motion to dismiss because the alleged temporary denial of time outside the plaintiff’s cell did not constitute an objectively substantial deprivation under the Eighth Amendment. The recommendation is dismissal with prejudice for failure to state a claim.

Holdings

1. The allegations did not establish an objectively substantial deprivation of the minimal civilized measure of life's necessities. The temporary denial of time outside plaintiff's cell, without an allegation of resulting medical effects, did not state a cognizable Eighth Amendment claim.
2. The court recommended that defendants' unopposed motion to dismiss be granted and that the action be dismissed with prejudice for failure to state a claim.

Questions Presented

1. Whether the second amended complaint plausibly alleged that the temporary denial of dayroom access, outdoor recreation, showers, hygiene, telephones, and television constituted an objectively substantial deprivation under the Eighth Amendment.
2. Whether defendants' motion to dismiss should be granted and the action dismissed with prejudice for failure to state a claim.

Disposition

other