Visser v. Lynch

1 Citing case

  1. Torres v. Arellano

    Case No. 1:15-cv-00575-DAD-MJS (PC) (E.D. Cal. Mar. 24, 2017)   Cited 8 times
    Recognizing the lack of Ninth Circuit or Supreme Court authority on the issue

    Defendants cite to numerous cases in which District Courts have found that dirty, stained, or uncomfortable bedding was not sufficiently serious to rise to an Eighth Amendment violation. See Gordon v. Cate, No. 11-CV-03595-JST (PR), 2014 WL 848212, at *4 (N.D. Cal. Feb. 28, 2014) ("[T]hat Plaintiff had to live with a thin, dirty mattress and no pillow for seven days is not sufficiently serious to rise to the level of an Eighth Amendment violation"), aff'd, 633 F. App'x 387 (9th Cir. 2016); Diaz v. Cate, No. C 11-3459 CRB (PR), 2013 WL 4479262, at *5 (N.D. Cal. Aug. 20, 2013) (inmate's one-week "deprivation of a mattress, blanket, and shower, in addition to limited exercise and interrupted and uncomfortable sleep," was insufficient to violate the Eighth Amendment); Muhammad v. Dir. of Corr., No. CIV. S-07-0375 GEB, 2010 WL 3126169, at *7 (E.D. Cal. Aug. 6, 2010) (prisoner's allegations that his mattress was contaminated with blood and urine "do not rise anywhere near the level of an Eighth Amendment violation.