Atkins v. County of Orange.

U.S. District Court

HYGIENE ITEMS

TOILET PAPER

TOOTHPASTE

Atkins v. County of Orange, 372 F.Supp.2d 377 (S.D.N.Y. 2005). Jail inmates brought a [section] 1983 action against a county and corrections officers, alleging indifference to their mental health needs and mistreatment. The defendants moved to preclude expert witness testimony and for partial summary judgment. The district court granted summary judgment in part and denied it in part. The district court held that summary judgment was precluded because fact issues existed as to whether correctional officials deprived one inmate of water and basic hygiene products. According to the court, the failure to provide a prisoner with toilet articles including soap, razors, combs, toothpaste, toilet paper, access to a mirror, and sanitary napkins to female prisoners constitutes denial of personal hygiene and sanitary living conditions, for the purpose of a claim challenging conditions of confinement. The court denied summary judgment on this issue. The court also found genuine issues of material fact as to whether corrections officers used excessive force against a jail inmate by placing her in a restraint chair after she allegedly threw urine and feces from her cell. The court found that the alleged act of serving food to a jail inmate on a napkin or paper towel on one occasion did not amount to a constitutional deprivation. (Orange County Correctional Facility and County Commissioner of Mental Health, New York)