At page 421 Remedies available for eighth amendment violations57 citing casesPrison officials who recklessly expose a prisoner to a substantial risk of a serious physical injury violate his Eighth Amendment rights, [and may be liable for] nominal and . . . punitive damages.
- Turner, Glenn v. Mink, Angela, No. 3:19-cv-01001 (W.D. Wis. Oct. 12, 2023).(Prison officials who recklessly expose a prisoner to a substantial risk of a serious physical injury violate his Eighth Amendment rights.)
- Young, Steve v. Rudolph, No. 3:22-cv-00596 (W.D. Wis. Jan. 27, 2023).(Prison officials who recklessly expose a prisoner to a substantial risk of a serious physical injury violate his Eighth Amendment rights.)
- Young, Steve v. Rudolph, No. 3:22-cv-00596 (W.D. Wis. Nov. 22, 2022).(Prison officials who recklessly expose a prisoner to a substantial risk of a serious physical injury violate his Eighth Amendment rights.)
- Nelson, Antoine v. Stevens, Christopher, No. 3:18-cv-00238, 2020 WL 2112270 (W.D. Wis. May 4, 2020).(Prison officials who recklessly expose a prisoner to a substantial risk of a serious physical injury violate his Eighth Amendment rights.)
- Nelson, Darryl v. Chatman, Jason, No. 3:17-cv-00846 (W.D. Wis. Feb. 6, 2020).(Prison officials who recklessly expose a prisoner to a substantial risk of a serious physical injury violate his Eighth Amendment rights, [and may be liable for] nominal and . . . punitive damages.)
- Turner v. Pollard, 564 F. App'x 234 (7th Cir. 2014).unpublished(Prison officials who recklessly expose a prisoner to a substantial risk of a serious physical injury violate his Eighth Amendment rights, [and may be liable for] nominal and . . . punitive damages.)
- Brown, No. 3:24-cv-02350 (S.D. Ill. June 3, 2026).Smith v. Peters, 631 F.3d 418, 421 (7th Cir. 2011) (citation omitted); see also Wright v. Miller, 561 F. App’x 551, 555 (7th Cir. 2014).
- Jenkins v. Bass, No. 3:23-cv-00783, 2025 WL 1916106 (N.D. Ind. July 10, 2025). “expose a prisoner to a substantial risk of a serious physical injury violate his Eighth Amendment rights”
- Hall v. Wills, No. 3:24-cv-01819 (S.D. Ill. Apr. 15, 2025).Smith v. Peters, 631 F.3d 418, 421 (7th Cir. 2011) (citation omitted).
- James, Carlos v. Butzke, Heather, No. 3:21-cv-00575 (W.D. Wis. Mar. 18, 2024).“Prison officials who recklessly expose a prisoner to a substantial risk of a serious physical injury violate his Eighth Amendment rights”
Show 39 more citing cases
- Williams v. Gallipou, No. 3:23-cv-00847 (N.D. Ind. Mar. 13, 2024).“expose a prisoner to a substantial risk of a serious physical injury violate his Eighth Amendment rights”
- Jenkins v. Bass, No. 3:23-cv-00783 (N.D. Ind. Mar. 8, 2024).“expose a prisoner to a substantial risk of a serious physical injury violate his Eighth Amendment rights”
- Childs, Shareef v. Rudolph, Hannah, No. 3:22-cv-00572 (W.D. Wis. Feb. 15, 2024).Smith v. Peters, 631 F.3d 418, 421 (7th Cir. 2011).
- Whittenburg v. Lake Cnty. Jail, No. 2:23-cv-00433 (N.D. Ind. Jan. 9, 2024).Although “[p]rison officials who recklessly expose a prisoner to a substantial risk of a serious physical injury” can violate the Eighth Amendment even if no physical injury occurs, Smith v. Peters, 631 F.3d 418, 421 (7th Cir. 2011), the c…
- Jenkins v. Bass, No. 3:23-cv-00783 (N.D. Ind. Sept. 18, 2023).“expose a prisoner to a substantial risk of a serious physical injury violate his Eighth Amendment rights”
- Pressley v. Watson, No. 2:21-cv-00202 (S.D. Ind. Jan. 3, 2023).Smith v. Peters, 631 F.3d 418, 421 (7th Cir. 2011) (quoting Calhoun v. DeTella, 319 F.3d 936, 940 (7th Cir.2003)).
- Kendrick v. Marthakis, No. 3:22-cv-00673 (N.D. Ind. Oct. 28, 2022).“expose a prisoner to a substantial risk of a serious physical injury violate his Eighth Amendment rights”
- McCray v. Sage, No. 1:20-cv-02497 (N.D. Ill. Sept. 26, 2022).Even accepting Defendants’ characterization of Plaintiff’s injury, that fact may preclude him from obtaining any compensatory damages for mental or physical injury, but it would not preclude him from seeking “nominal and punitive damages.”…
- Giza v. Arnold, No. 3:22-cv-00391 (N.D. Ind. Aug. 3, 2022).“expose a prisoner to a substantial risk of a serious physical injury violate his Eighth Amendment rights”
- Young v. Lt. Jenkins, No. 1:18-cv-05718 (N.D. Ill. Feb. 11, 2022).Rasho v. Elyea, 856 F.3d 469 , 476-77 (7th Cir. 2017); Smith v. Peters, 631 F.3d 418, 421 (7th Cir. 2011); Calhoun, 319 F.3d at 941-42.
- Baldwin v. Westville Corr. Facility, No. 3:21-cv-00682 (N.D. Ind. Jan. 14, 2022).“expose a prisoner to a substantial risk of a serious physical injury violate his Eighth Amendment rights”
- Baldwin v. Westville Corr. Facility, No. 3:21-cv-00682, 2021 WL 5759136 (N.D. Ind. Dec. 3, 2021).“expose a prisoner to a substantial risk of a serious physical injury violate his Eighth Amendment rights”
- Lamar v. Neal, No. 3:21-cv-00399 (N.D. Ind. Oct. 19, 2021).“expose a prisoner to a substantial risk of a serious physical injury violate his Eighth Amendment rights”
- Webb v. Wexford Health, No. 3:21-cv-00486 (N.D. Ind. July 28, 2021).“expose a prisoner to a substantial risk of a serious physical injury violate his Eighth Amendment rights”
- Shannon v. Hubbert, No. 3:21-cv-00221 (N.D. Ind. May 12, 2021).“expose a prisoner to a substantial risk of a serious physical injury violate his Eighth Amendment rights”
- Santiago v. Rabideau, No. 1:15-cv-01856 (N.D. Ill. Mar. 17, 2021). Calhoun, 319 F.3d at 940 ; see also, Wheeler v. Talbot, 695 F. App’x 151, 153 (7th Cir. 2017); Smith v. Peters, 631 F.3d 418, 421 (7th Cir. 2011); Cassidy v. Indiana Dep't of Corr., 199 F.3d 374, 376 (7th Cir. 2000); Rowe v. Shake, 196 F.3…
- Greenwood v. Banks, No. 3:21-cv-00074 (N.D. Ind. Mar. 4, 2021).“expose a prisoner to a substantial risk of a serious physical injury violate his Eighth Amendment rights”
- Spann v. Indiana State of, No. 3:20-cv-00595 (N.D. Ind. Sept. 3, 2020).Although “[p]rison officials who recklessly expose a prisoner to a substantial risk of a serious physical injury” can violate the Eighth Amendment even if no physical injury occurs, Smith v. Peters, 631 F.3d 418, 421 (7th Cir. 2011), the c…
- Robinson, Rick v. Navano, Melody, No. 3:19-cv-00867 (W.D. Wis. Feb. 21, 2020).Second, even if I assume that Robinson doesn’t have to show harm, see Smith v. Peters, 631 F.3d 418, 421 (7th Cir. 2011), Robinson’s allegations and the document he attaches to his complaint show that prison staff didn’t intentionally or r…
- Harris v. Henderson, No. 3:19-cv-00660 (S.D. Ill. Feb. 18, 2020).Smith v. Peters, 631 F.3d 418, 421 (7th Cir. 2011) (citation omitted).
- Mark Byrd v. Daniel Hobart, No. 17-3320 (7th Cir. Mar. 6, 2019).unpublishedWe have repeatedly acknowledged that the Eighth Amendment protects prisoners from “an official’s deliberate indifference to conditions posing an unreasonable risk of serious damage to the prisoner’s future health.” Henderson v. Sheahan, 19…
- Calvin Thomas v. State of Illinois, 697 F.3d 612 (7th Cir. 2012).published
- Merritte v. Kessel, 561 F. App'x 546 (7th Cir. 2014).unpublished
- Watkins v. Lancor, 558 F. App'x 662 (7th Cir. 2014).unpublished
- Walker v. Samuels, 543 F. App'x 610 (7th Cir. 2013).unpublished
- Marshall King v. Robert McCarty, 781 F.3d 889 (7th Cir. 2015).published
- David Bentz v. Marcus Hardy, 638 F. App'x 535 (7th Cir. 2016).unpublished
- Jason Myers v. Indiana Dep't of Correcti, 655 F. App'x 500 (7th Cir. 2016).unpublished
- Alvin T. Perkins, Jr. v. Randy Pfister, 711 F. App'x 335 (7th Cir. 2017).unpublished
- Warren v. Woods, 701 F. App'x 502 (7th Cir. 2017).unpublished
- Earnest Beamon, Jr. v. Michael Dittmann, No. 16-3545 (7th Cir. Dec. 21, 2017).unpublished
- Robert Ollie v. Michael P. Atchison, No. 18-1412 (7th Cir. Feb. 25, 2019).unpublished
- Washington v. Afify, 968 F. Supp. 2d 532 (W.D.N.Y. 2013).published
- McIntosh v. United States, No. 3:19-cv-50322 (N.D. Ill. Apr. 12, 2022).
- Dent v. Nally, No. 3:16-cv-00442 (S.D. Ill. Sept. 23, 2019).
- Downey v. Jason, No. 3:21-cv-00234 (N.D. Ind. Apr. 6, 2021).
- Chandler v. Valois, No. 3:24-cv-00080 (N.D. Ind. Apr. 9, 2024).
- White v. Neal, No. 3:24-cv-00869 (N.D. Ind. Mar. 20, 2025).
- Keller, No. 3:25-cv-01795 (S.D. Ill. Jan. 7, 2026).
At page 419 Acceptance of factual allegations for Eighth Amendment claim33 citing casesholding that plaintiff’s allegations that he was required to use heavy tools in the “freezing cold” without gloves (which caused him to develop blisters) stated a claim under the Eighth Amendment
- Jordan, Leonard v. Smith, Jeffrey, No. 3:23-cv-00361 (W.D. Wis. Jan. 23, 2025).The court concluded that the plaintiff stated a claim because “[f]ailure to provide a prisoner required to work out of doors with minimal protective clothing, obviously including gloves, can . . . violate the Eighth Amendment.” Id. at 419-…
- O'Quinn v. Vanderhove, No. 3:19-cv-01010 (S.D. Ill. Nov. 13, 2020).Although the Court is obligated to accept factual allegations as true, see Smith v. Peters, 631 F.3d 418, 419 (7th Cir. 2011), some factual allegations may be so sketchy or implausible that they fail to provide sufficient notice of a plain…
- Barnes v. Lawrence, No. 3:19-cv-00806 (S.D. Ill. Nov. 18, 2019).Although the Court is obligated to accept factual allegations as true, see Smith v. Peters, 631 F.3d 418, 419 (7th Cir. 2011), “naked assertions devoid of further factual enhancement” are insufficient to state a claim.
- Wilson v. Baldwin, No. 3:19-cv-00732 (S.D. Ill. Nov. 18, 2019).Additionally, while the Court is obligated to accept factual allegations as true, see Smith v. Peters, 631 F.3d 418, 419 (7th Cir. 2011), it “should not accept as adequate abstract recitations of the elements of a cause of action or conclu…
- Burns v. Cunningham, No. 3:19-cv-00771 (S.D. Ill. Oct. 22, 2019).See Brooks v. Ross, 578 F.3d 574, 581 (7th Cir. 2009); Smith v. Peters, 631 F.3d 418, 419 (7th Cir. 2011).
- Miles v. Ellison, No. 3:19-cv-00709-DWD (S.D. Ill. Sept. 13, 2019).Additionally, although the Court is obligated to accept factual allegations as true, see Smith v. Peters, 631 F.3d 418, 419 (7th Cir. 2011), the Court “should not accept as adequate abstract recitations of the elements of a cause of action…
- Burns v. Cunningham, No. 3:19-cv-00771 (S.D. Ill. Sept. 13, 2019).Although the Court is obligated to accept factual allegations as true, see Smith v. Peters, 631 F.3d 418, 419 (7th Cir. 2011), the Court “should not accept as adequate abstract recitations of the elements of a cause of action or conclusory…
- Kerry Farina v. Joseph Loftus, No. 10-1673 (7th Cir. Apr. 18, 2011).unpublished
- Kincaid v. Sangamon Cnty., 435 F. App'x 533 (7th Cir. 2011).unpublished
- Nathan Gillis v. Rick Raemisch, 431 F. App'x 489 (7th Cir. 2011).unpublished
Show 16 more citing cases
- McCree v. Grissom, 657 F.3d 623 (7th Cir. 2011).published
- Blankenship v. Obaisi, 443 F. App'x 205 (7th Cir. 2011).unpublished
- Tony Anderson v. Michael P. Randle, 451 F. App'x 570 (7th Cir. 2011).unpublished
- Gonzalez v. Feinerman, 663 F.3d 311 (7th Cir. 2011).published
- Johnson v. Randle, 451 F. App'x 597 (7th Cir. 2011).unpublished
- Taylor v. Wexford Health Sources, Inc., 465 F. App'x 561 (7th Cir. 2012).unpublished
- ArQuincy Carr v. David Beth, 465 F. App'x 567 (7th Cir. 2012).unpublished
- Munson v. Gaetz, 673 F.3d 630 (7th Cir. 2012).published
- Jaros v. Illinois Dep't of Corr., 684 F.3d 667 (7th Cir. 2012).published
- Hoban v. Godinez, 502 F. App'x 574 (7th Cir. 2012).unpublished
- Thomas Riley v. Chad Kolitwenzew, 526 F. App'x 653 (7th Cir. 2013).unpublished
- Burns v. Fenoglio, 525 F. App'x 512 (7th Cir. 2013).unpublished
- Sousa v. Anglin, 481 F. App'x 265 (7th Cir. 2012).unpublished
- William Burrell, Jr. v. Patrick Loungo, No. 16-4405 (3d Cir. Sept. 12, 2018).unpublished
- Farina v. Anglin, 418 F. App'x 539 (7th Cir. 2011).unpublished
- Murphy v. Dauphin Cnty., No. 1:21-cv-01237 (M.D. Pa. Mar. 8, 2022).
At page 420 Analyzing inmate claims of Eighth and First Amendment violations16 citing cases“forbids knowingly compelling an inmate to perform labor that is beyond the inmate’s strength, dangerous to his or her life or health, or unduly painful”
- Smith v. Godinez, No. 1:14-cv-06744, 2023 WL 358792 (N.D. Ill. Jan. 23, 2023).(Failure to provide a prisoner required to work out of doors with minimal protective clothing, obviously including gloves, can . . . violate the Eighth Amendment, as countless cases have found.)
- Poe, No. 4:25-cv-04077 (C.D. Ill. Oct. 28, 2025).“The Eighth Amendment ‘forbids knowingly compelling an inmate to perform [a task] that is beyond the inmate’s strength, dangerous to his or her life or health, or unduly painful”
- Akinola v. Corizon Health Serv., No. 1:22-cv-00657 (D. Md. May 7, 2025).Withers v. Wexford Health Sources, Inc., 710 F.3d 688, 689 (7th Cir. 2013); Smith v. Peters, 631 F.3d 418, 420 (7th Cir. 2011); Gates v. Cook, 376 F.3d 323, 338 (5th Cir. 2004).
- Rach v. Ratzburg, No. 2:24-cv-01046 (E.D. Wis. Jan. 17, 2025).“forbids knowingly compelling an inmate to perform labor that is beyond the inmate’s strength, dangerous to his or her life or health, or unduly painful”
- McKnight v. Koniar, No. 2:24-cv-00513 (E.D. Wis. July 18, 2024).“forbids knowingly compelling an inmate to perform labor that is beyond the inmate’s strength, dangerous to his or her life or health, or unduly painful”
- McKnight v. Koniar, No. 2:24-cv-00513 (E.D. Wis. May 28, 2024).“forbids knowingly compelling an inmate to perform labor that is beyond the inmate’s strength, dangerous to his or her life or health, or unduly painful”
- Zimmerman v. Petrie, No. 2:23-cv-00476 (E.D. Wis. Aug. 22, 2023).“forbids knowingly compelling an inmate to perform labor that is beyond the inmate’s strength, dangerous to his or her life or health, or unduly painful”
- Akinola v. Corizon Health Serv., No. 1:22-cv-00657 (D. Md. Feb. 22, 2023).Withers v. Wexford Health Sources, Inc., 710 F.3d 688, 689 (7th Cir. 2013); Smith v. Peters, 631 F.3d 418, 420 (7th Cir. 2011); Gates v. Cook, 376 F.3d 323, 338 (5th Cir. 2004).
- Smith v. Portwood, No. 1:19-cv-05329 (N.D. Ill. June 28, 2022). Smith v. Peters, 631 F.3d 418, 420 (7th Cir. 2011).
- Buchanan v. Pfister, No. 1:17-cv-08075, 2020 WL 902829 (N.D. Ill. Feb. 25, 2020).Correctional officials “must [only] address easily preventable, observed hazards that pose a significant risk of severe harm to inmates.” Anderson, 835 F.3d at 683 (citing Withers v. Wexford Health Sources, Inc., 710 F.3d 688, 689 (7th Cir…
Show 5 more citing cases
- Timothy B. Wilks v. Robert J. Rymarkiewicz, 667 F. App'x 549 (7th Cir. 2016).unpublished
- Anderson v. Morrison, 835 F.3d 681 (7th Cir. 2016).published
- Bratchett v. Braxton Env't Servs. Corp., 564 F. App'x 229 (7th Cir. 2014).unpublished
- Remmer v. Wexford Health Sources, Inc., No. 3:19-cv-00420 (S.D. Ill. Jan. 18, 2022).
- Thurman v. Mcgowan, No. 2:24-cv-00409 (S.D. Ind. Jan. 30, 2025).
v.
Gilbert PETERS, Et Al., Defendants-Appellees
Anthony Smith, an Indiana state prisoner, filed this civil rights suit which charges that prison employees had violated the Eighth Amendment by forcing him to work at hard labor in dangerous conditions, and had violated the First Amendment by penalizing him for questioning the propriety of the work assignment and preparing to sue. He seeks damages. He also seeks injunctive relief, but that claim is moot because he’s been moved to a different prison. The district court dismissed the complaint for failure to state a claim.
Smith was assigned to uproot tree stumps. Workers on the stump crew were forced, the complaint alleges (and since the complaint was dismissed on its face, we take its allegations to be true, though of course without vouching for their truth), to work in “freezing cold” with axes, pickaxes, and shovels and without having received any safety instruction or protective gear — not even gloves. Stump-crew workers are alleged to be at risk of getting hit by the blades of their tools because the heads of the tools slip from their handles[*420] as the prisoners hack away without proper training. Smith developed blisters from handling these heavy tools in the cold without gloves.
He filed grievances with prison officials complaining about the hazards that members of the stump crew face. The prison eventually responded by transferring him to a recreational job, but also, he claims, retaliated against him by limiting his access to the law library and firing him from his new job on the pretext that he was using the law library during the hours in which he was supposed to be working in the new job.
The district court dismissed the Eighth Amendment claim, insofar as it complained about failure to provide gloves for outdoor work in cold weather, on the ground that Smith’s blisters were nothing more than “the usual discomforts of winter” rather than deprivations of the “minimal civilized measure of life’s necessities,” and brushed off his fear of dangerous working conditions because it was, the court ruled, a claim of emotional or psychological injury, which is not actionable unless the result of a physical injury. 42 U.S.C. § 1997e(e). The court did not discuss the First Amendment claim.
Although no one much likes to work out of doors during the winter, the normal discomfort that such work involves does not make the work cruel and unusual punishment. But that is provided that the worker is properly clothed. Smith does not specify the temperature in which he was working without gloves and got blisters on his hands but it was during the winter of 2008-2009, and the average temperature at the location of the Branch-ville Correctional Facility in Indiana where he was imprisoned was only 29.6 degrees Fahrenheit in January (it was 35.2 in December, 38.8 in February, and 50.2 in March); on January 16 it plunged to -7.
“The Eighth Amendment ‘forbids knowingly compelling an inmate to perform labor that is beyond the inmate’s strength, dangerous to his or her life or health, or unduly painful.’ ” Ambrose v. Young, 474 F.3d 1070, 1075 (8th Cir.2007). It forbids forcing prisoners to “perform physical labor which is beyond their strength, endangers their lives or health, or causes undue pain.” Berry v. Bunnell, 39 F.3d 1056, 1057 (9th Cir.1994) (per curiam). Failure to provide a prisoner required to work out of doors with minimal protective clothing, obviously including gloves, can therefore violate the Eighth Amendment, as countless cases have found. See, e.g., Knight v. Wiseman, 590 F.3d 458, 463 (7th Cir.2009); Gillis v. Litscher, 468 F.3d 488, 493 (7th Cir.2006); Dixon v. Godinez, 114 F.3d 640, 642 (7th Cir.1997); Murphy v. Walker, 51 F.3d 714, 720-21 (7th Cir.1995); Bibbs v. Early, 541 F.3d 267, 272 (5th Cir.2008); Spencer v. Bouchard, 449 F.3d 721, 728 (6th Cir.2006); Palmer v. Johnson, 193 F.3d 346, 352-53 (5th Cir.1999).
The “usual discomforts of winter” to which the district judge referred do not include handling heavy tools with gloveless hands in subzero weather. Our prison system is not the gulag. Smith’s blisters could have been caused by his handling the stump removal tools without gloves, or could even have been precursors to or consequences of frostbite — the record does not say. But the allegations of the complaint are sufficient to preclude dismissal for failure to state a claim.
Smith’s allegations regarding the hazardous work environment to which he was subject present an Eighth Amendment claim that is distinct from the claim we’ve just been discussing. There is a difference between experiencing actual pain or injury, on the one hand (conceivably including[*421] a “condition not injurious in itself but likely to ripen eventually into a palpable physical injury,” a matter left unresolved in Robinson v. Page, 170 F.3d 747, 749 (7th Cir.1999)), and being subjected to hazards merely threatened, on the other. Because Smith was transferred to another prison before such dangers as being struck by an axe blade occurred, he could not seek either injunctive relief or (because “no Federal civil action may be brought by a prisoner confined in a jail, prison, or other correctional facility, for mental or emotional injury suffered while in custody without a prior showing of physical injury,” 42 U.S.C. § 1997e(e)) compensatory damages.
This limitation on the relief available in prisoner suits charging violations of the Eighth Amendment is constitutionally permissible. Zehner v. Trigg, 133 F.3d 459, 461-62 (7th Cir.1997); Harris v. Garner, 216 F.3d 970 (11th Cir.2000) (en banc), reinstating 190 F.3d 1279, 1288-90 (11th Cir.1999); Davis v. District of Columbia, 158 F.3d 1342, 1346-48 (D.C.Cir.1998). But this does not make actual physical injury “a filing prerequisite for the federal action itself.” Calhoun v. DeTella, 319 F.3d 936, 940 (7th Cir.2003); see also Helling v. McKinney, 509 U.S. 25, 33, 113 S.Ct. 2475, 125 L.Ed.2d 22 (1993); Cassidy v. Indiana Dep’t of Corrections, 199 F.3d 374, 376-77 (7th Cir.2000); Allah v. AC Hafeez, 226 F.3d 247, 251 (3d Cir.2000). Prison officials who recklessly expose a prisoner to a substantial risk of a serious physical injury violate his Eighth Amendment rights, and therefore are subject to those remedies that are not barred by section 1997e(e) — injunctive relief of course (unless as in this case an injunctive claim is moot) but also nominal and even (most courts have ruled) punitive damages. E. g., Calhoun v. DeTella, supra, 319 F.3d at 940-41; Hutchins v. McDaniels, 512 F. 3d 193, 198 (5th Cir.2007) (per curiam); Mitchell v. Horn, 318 F.3d 523, 533 (3d Cir.2003); Royal v. Kautzky, 375 F.3d 720, 723 (8th Cir.2004); Thompson v. Carter, 284 F.3d 411, 418 (2d Cir.2002); but see Harris v. Garner, supra; Davis v. District of Columbia, supra, 158 F.3d at 1348.
The district court’s failure to address Smith’s First Amendment claim was another error. If the facts alleged in the complaint are true, which has yet to be determined, he was punished for complaining about mistreatment, and such punishment is an infringement of the free-speech rights, limited as they are, of prison inmates.
The judgment is reversed and the case remanded for further proceedings consistent with this opinion.