(Download) "Carroll v. Detella" by Seventh Circuit U.S. Court of Appeals # eBook PDF Kindle ePub Free
eBook details
- Title: Carroll v. Detella
- Author : Seventh Circuit U.S. Court of Appeals
- Release Date : January 03, 2001
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 48 KB
Description
The plaintiff, a long-time Illinois prison inmate with extended sojourns at Stateville and Menard, brought this suit under 42 U.S.C. sec. 1983 for damages and injunctive relief against Illinois prison officials and the Illinois Environmental Protection Agency and two of its employees. He claims that the drinking water at Stateville is contaminated with radium and the drinking water at Menard with lead. The district court granted summary judgment for the defendants. The Illinois EPA is a state agency and thus not a "person" suable under section 1983, Will v. Michigan Dept. of State Police, 491 U.S. 58, 71 (1989); Arsberry v. Illinois, 244 F.3d 558, 561 (7th Cir. 2001), and its two employees were not served. The plaintiffs complaint about the lead in the water at Menard can also be disposed of quickly. The record establishes that the presence of lead in the water is due to the corrosion of the water pipes, which are made of lead that dissolves in the water--but only when the water is still, as it is overnight, when no one is using it. When the water is flowing, the lead in the pipes does not dissolve. So the plaintiff was told to let the water run for a few minutes in the morning before drinking it, which eliminates the hazard, though it is only an interim precaution while the prison arranges to have the pipes treated or replaced. All this is remote from cruel and unusual punishment.
 "Carroll v. Detella" by Seventh Circuit U.S. Court of Appeals # eBook PDF Kindle ePub Free){kind=link}