The district court in Vasquez v. Akano, 2006 U.S. Dist. LEXIS 52083 E.D. Pa. Apr. 20, 2006) confronted similar allegations when the plaintiff in that case filed a lawsuit against a correctional officer, alleging that, inter alia, the correctional officer violated the plaintiff's Eight Amendment rights when he “refused to provide plaintiff with a plastic bag to cover his splint while he showered because plastic bags are considered contraband.” Id.
Both of these elements are necessary to assert an Eighth Amendment claim against Baurer. The district court in Vasquez v. Akano, 2006 U.S. Dist. LEXIS 52083 (E.D. Pa. Apr. 20, 2006) confronted similar allegations when the plaintiff in that case filed a lawsuit against a correctional officer, alleging that, inter alia, the correctional officer violated the plaintiff's Eight Amendment rights when he "refused to provide plaintiff with a plastic bag to cover his splint while he showered because plastic bags are considered contraband." Id. at *11-12.