Yahoo! News - Court Says Slippery Shower Is Not CruelAP - Feature Stories
Court Says Slippery Shower Is Not Cruel
Thu Dec 5, 8:16 AM ET
SALT LAKE CITY (AP) - A former inmate at the Salt Lake County jail has lost an appeal that claimed a slippery shower floor at the jail was so dangerous that it amounted to cruel and unusual punishment.
Stephen Flandro's claim that his Eight Amendment rights were violated when he slipped and fell in the shower was tossed out by the 10th U.S. Circuit Court of Appeals on Tuesday.
In order for an inmate's constitutional rights regarding cruel and unusual punishment to be violated, the situation would have to pose an excessive risk to health and safety, the court wrote, and jail guards would have to be deliberately indifferent to the danger.
This case didn't measure up, the three-judge appeals panel wrote.
"Slippery shower floors constitute a daily risk faced by the public at large," the ruling says. "Slippery floors do not violate the Eighth Amendment."
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