3:24-cv-00244•Whitfield v. Evers et al
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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION CALEB WHITFIELD, Case No. 3:24-cv-244 Plaintiff, Rose, J Litkovitz, M.J. vs. SERGEANT EVERS, et al., REPORT AND Defendants. RECOMMENDATION Plaintiff Caleb Whitfield, an inmate at the Toledo Correctional Institution (ToCI) in Toledo, Ohio, brings this action under 42 U.S.C. § 1983 alleging violations of his civil rights while he was a pretrial detainee at the Montgomery County Jail (MCJ) in Dayton, Ohio. (Doc. 5). This matter is before the Court on defendants’ motion for summary judgment (Doc. 33), plaintiff’s response in opposition (Doc. 39), and defendants’ reply memorandum (Doc. 40). I. Background The facts relevant to plaintiff’s claims against defendants are taken from plaintiff’s amended complaint (Doc. 24), defendants’ motion for summary judgment (Doc. 36), both parties’ responsive memorandum and exhibits, (Docs. 39, 40), and plaintiff’s affidavit (Doc. 39- 1, Ex. A). The undisputed evidence of record shows Mr. Whitfield was housed at the MCJ at the time plaintiff claims his rights were violated. (Doc. 36 at PageID 163; Doc. 39 at PageID 194). On November 28, 2021 at 14:57 hours, Correctional Officer J. Ratliff documented the following: “Inmate[’s] door lock (cell 204) needs repair again, lock is loose. Inmate removed from cell and relocated to cell 140 while repaired.” (Doc. 39-2 at PageID 213). Jail records indicate that on November 28, 2021 at 15:00 hours, jail staff moved Mr. Whitfield from cell A204 in the Administrative Segregation unit where he had been housed since November 3, 2021 to cell MHD140. (Doc. 39-3 at PageID 214). Mr. Whitfield remained housed in cell MHD140 until Case: 3:24-cv-00244-TMR-KLL Doc #: 41 Filed: 02/20/26 Page: 1 of 19 PAGEID #: <pageID>
2 November 29, 2021 at 08:03 hours when he was moved to transport cell TRN114. (Id.). Mr. Whitfield remained housed in transport cell TRN114 until December 8, 2021 at 18:24 hours when he was returned to cell A203 in the Administrative Segregation unit. (Id.). Mr. Whitfield alleges that during the time he was housed in transport cell TRN114 defendants Evers and Eversole allegedly subjected plaintiff to an unsanitary cell—with the cell walls, floor, food port, and toilet covered in feces, an “overwhelming smell of urination,” no working water, and constant illumination that interfered with his sleep and his eyes. Mr. Whitfield alleges these conditions caused him headaches, anxiety, and depression. He states he was forced to sleep on a bare concrete slab without a mattress for two days and denied cleaning supplies in violation of the Fourteenth Amendment.1 (See Amended Complaint, Doc. 24; Ex. A, Doc. 39-1, Whitfield Aff.). The Court now considers defendants’ motion for summary judgment and the parties’ responsive memoranda. II. Summary Judgment Standard A motion for summary judgment should be granted if the evidence submitted to the Court demonstrates that there is no genuine issue as to any material fact, and that the movant is entitled to judgment as a matter of law. Fed. R. Civ. P. 56(c). See Celotex Corp. v. Catrett, 477 U.S. 317, 322 (1986); Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 247 (1986). A grant of summary judgment is proper unless the nonmoving party “establish[es] genuinely disputed material facts by ‘citing to particular parts of materials in the record . . . or . . . showing that the 1 Plaintiff argues additional claims in his responsive memorandum related to jail customs and practices, violations of jail policies, and denial of recreation privileges, but on January 6, 2025 the Court entered a Report and Recommendation dismissing these claims with prejudice. (Doc. 6 at 47, adopted see Doc. 13). The only remaining claim in this action is plaintiff’s conditions of confinement claim against defendants Evers and Eversole. (Id. at 42- 43). Therefore, the Court will address only the conditions of confinement claims. Case: 3:24-cv-00244-TMR-KLL Doc #: 41 Filed: 02/20/26 Page: 2 of 19 PAGEID #: <pageID>
3 materials cited do not establish the absence . . . of a genuine dispute.’” United Specialty Ins. Co. v. Cole’s Place, Inc., 936 F.3d 386, 403 (6th Cir. 2019) (quoting Fed. R. Civ. P. 56(c)(1)). The Court must evaluate the evidence, and all inferences drawn therefrom, in the light most favorable to the non-moving party. Satterfield v. Tennessee, 295 F.3d 611, 615 (6th Cir. 2002); Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 587 (1986); Little Caesar Enterprises, Inc. v. OPPCO, LLC, 219 F.3d 547, 551 (6th Cir. 2000). The trial judge’s function is not to weigh the evidence and determine the truth of the matter, but to determine whether there is a genuine factual issue for trial. Anderson, 477 U.S. at 249. The trial court need not search the entire record for material issues of fact, Street v. J.C. Bradford & Co., 886 F.2d 1472, 1479-80 (6th Cir. 1989), but must determine “whether the evidence presents a sufficient disagreement to require submission to a jury or whether it is so one-sided that one party must prevail as a matter of law.” Anderson, 477 U.S. at 251-52. “Where the record taken as a whole could not lead a rational trier of fact to find for the non- moving party, there is no ‘genuine issue for trial.’” Matsushita, 475 U.S. at 587. “When opposing parties tell two different stories, one of which is blatantly contradicted by the record, so that no reasonable jury could believe it, a court should not adopt that version of the facts for purposes of ruling on a motion for summary judgment.” Scott v. Harris, 550 U.S. 372, 380 (2007). However, “[f]acts that are not blatantly contradicted by [the evidence] remain entitled to an interpretation most favorable to the non-moving party.” Coble v. City of White House, Tenn., 634 F.3d 865, 870 (6th Cir. 2011). “In response to a properly supported summary judgment motion, the non-moving party ‘is required to present some significant probative evidence which makes it necessary to resolve the parties’ differing versions of the dispute at trial.” Maston v. Montgomery Cnty. Jail Med. Staff Pers., 832 F. Supp. 2d 846, 849 (S.D. Ohio 2011) (quoting Case: 3:24-cv-00244-TMR-KLL Doc #: 41 Filed: 02/20/26 Page: 3 of 19 PAGEID #: <pageID>
4 Sixty Ivy St. Corp. v. Alexander, 822 F.2d 1432, 1435 (6th Cir. 1987)). A fact is “material” if its resolution will affect the outcome of the lawsuit. Beans v. City of Massillon, No. 5:15-cv-1475, 2016 WL 7492503, at *5 (N.D. Ohio Dec. 30, 2016), aff’d, No. 17-3088, 2017 WL 3726755 (6th Cir. 2017) (citing Anderson, 477 U.S. at 248). The party who seeks summary judgment “bears the initial responsibility of informing the district court of the basis for its motion, and identifying those portions of [the record] which it believes demonstrate the absence of a genuine issue of material fact.” Celotex Corp., 477 U.S. at 322. To make its determination, the court “need consider only the cited materials, but it may consider other materials in the record.” Fed. R. Civ. P. 56(c)(3). The party opposing a properly supported motion for summary judgment “may not rest upon the mere allegations or denials of his pleading, but . . . must set forth specific facts showing that there is a genuine issue for trial.” First Nat’l Bank of Ariz. v. Cities Serv. Co., 391 U.S. 253, 288 (1968). Because plaintiff is a pro se litigant, his filings are liberally construed. Spotts v. United States, 429 F.3d 248, 250 (6th Cir. 2005); Boswell v. Mayer, 169 F.3d 384, 387 (6th Cir. 1999) (pro se plaintiffs enjoy the benefit of a liberal construction of their pleadings and filings). However, a party’s status as a pro se litigant does not alter the party’s duty on a summary judgment motion to support his factual assertions with admissible evidence. Maston, 832 F. Supp. 2d at 851-52 (citing Viergutz v. Lucent Techs., Inc., 375 F. App’x 482, 485 (6th Cir. 2010)). III. Evidence Presented In support of the motion for summary judgment, defendants rely on the affidavit of defendant Eversole (Ex. C, Doc. 36-3, Eversole Aff.), plaintiff’s prisoner grievance form dated December 7, 2021 (Ex. C, Doc. 36-3 a PageID 187-88), and defendants’ responses to plaintiff’s discovery requests (Ex. A, Doc. 36-1; Ex. B, Doc. 36-2). Plaintiff relies on the allegations in his Case: 3:24-cv-00244-TMR-KLL Doc #: 41 Filed: 02/20/26 Page: 4 of 19 PAGEID #: <pageID>
5 amended complaint (Doc. 24), his affidavit (Ex. A, Doc. 39-1), as well as a jail records obtained during discovery (Ex. B-G, Docs. 39-2 to 39-7). Affidavit of Caleb Whitfield2 Mr. Whitfield avers that on November 28, 2021, he was removed from his cell in Administrative Segregation due to a report that the “cell door lock was loose” on cell A204 and moved to cell MHD140. (Ex. A, Doc. 39-1, Whitfield Aff., at PageID 209: ¶¶ 1-2). He states that approximately 8-10 hours later, defendant Evers escorted him to transport cell TRN114 where he assisted jail staff in removing plaintiff’s handcuffs. (Id. at ¶ 3). Mr. Whitfield states that upon defendant Evers exiting and the door being secured, plaintiff “noticed the overwhelming smell of human waste and feces scattered everywhere.” (Id. at ¶ 5). Mr. Whitfield described the conditions of the cell as having “feces scattered on the walls, cell window, food port, around the cell’s camera, around and on the toilet, as well as dried in every corner of the cell [except] one. . . . [and] [c]aked up dry urine in front of the cell[s] door.” (Id. at ¶ 6). Mr. Whitfield states he “ran to the cell door and banged on the cell window and requested cleaning supplies” from Sgt. Evers. (Id.). According to Mr. Whitfield, defendant Evers responded, “You can’t get that down here.” (Id.). Mr. Whitfield states that during the 11 days he was housed in transport cell TRN114, he was “subjected to constant illumination from the cell[’]s highly bright light” which he claims “are brighter than the observational cell[] lights.” (Ex. A, Doc. 39-1, Whitfield Aff., at PageID 210: ¶¶ 8-9). Mr. Whitfield states that he was deprived of a mattress, blanket, and shower during his first 48 hours in the cell. (Id. at ¶ 11). Mr. Whitfield also states that the water was not 2 The Court notes that parts of plaintiff’s affidavit relate to claims previously dismissed by this Court. (see January 6, 2025 Report and Recommendation, Doc. 6, adopted see Doc. 13). Only those statements relevant to the remaining claims have been included. Case: 3:24-cv-00244-TMR-KLL Doc #: 41 Filed: 02/20/26 Page: 5 of 19 PAGEID #: <pageID>
6 running in the cell, except for the toilet. (Id. at ¶ 10, 12). Mr. Whitfield claims that the constant illumination caused him to suffer sleep deprivation and vision issues, while the pain from laying on concrete due to not having a mattress caused lower back pain, cramping muscles, and swollen limbs. (Id. at ¶ 13-14). He also states that exposure to human waste psychologically tortured him while the other conditions physically tortured him, causing him to experience depression and anxiety. (Id. at ¶ 15). He further states that not having access to drinking water caused him to feel dizzy and sick. (Id. at ¶ 20). Mr. Whitfield states he filed a grievance regarding the conditions of his cell to which defendant Eversole responded to, indicating that Mr. Whitfield’s grievance lacked merit. (Ex. A, Doc. 39-1, Whitfield Aff., at PageID 211: ¶ 16). Mr. Whitfield avers that defendant Eversole never physically came to the cell to investigate the merits of his complaint before submitting his finding. (Id. at ¶ 16). Mr. Whitfield states that the custom and practice of the MCJ is to house inmates in transport cells as a form of punishment due to the cell conditions and isolation. (Id. at ¶ 17). Affidavit of John Eversole Defendant Eversole states that as a Sergeant at MCJ, he is responsible for “investigating inmate grievances, making factual findings on grievances, formulating any resolutions of grievances, and updating inmates on the outcomes of their grievances.” (Ex. C, Doc. 36-3 at PageID 186: ¶ 4). He states that transport cells are used as temporary housing for inmates when housing is limited and are also used as observation rooms for high-risk inmates. (Id. at ¶ 5). He states that the lights remain illuminated in the transport cells to better view the inmates and to maintain the security and welfare of the inmate. (Id.). He states that the transport cells are cleaned by 1st floor cleaning detail between inmates. (Id.). Case: 3:24-cv-00244-TMR-KLL Doc #: 41 Filed: 02/20/26 Page: 6 of 19 PAGEID #: <pageID>
7 Defendant Eversole states that on December 8, 2021, he responded to Mr. Whitfield’s grievance relating to “being denied privileges” and found that his “grievances were unsubstantiated.” (Ex. C, Doc. 36-3 at PageID 186: ¶¶ 6-7). He states that Mr. Whitfield was offered showers and cleaning supplies but declined to exercise those privileges on several occasions. (Id. at ¶ 7). Jail Incident Report On or about December 1, 2021, defendant Eversole completed the following jail incident report: This is [Mr. Whitfield’s] 30 day review for housing within Administrative Segregation. As of this reporting, [Mr. Whitfield] is temporarily housed within TRS114 due to purposefully damaging the cell door lock to A204, where he used to be housed. [Mr. Whitfield] is considered a serious security risk to the facility and to staff members. Therefore, as of this reporting and although currently housed within transport staging, Administrative Segregative housing remains appropriate for this Inmate. Respectfully Submitted, Sergeant John W. Eversole/239. (Doc. 39-4 at PageID 215). Prisoner Grievance Form On December 7, 2021, Mr. Whitfield submitted a prisoner grievance form stating the following: I am being housed in a holding cell. I have already wrote a paper grievance but still received no response. I have [been] denied my right to shower on several occasions. . . . My holding cell has no hot and cold water. My holding cell light never turns off. My holding cell has [nowhere] to put my mat so it has to go on the floor. My holding cell has no water sprinkler, which is a safety hazard. I have been denied my request to physically clean my cell due to [feces] being all over the walls. Upon entering this holding cell, [I] was also forced to go thirty to thirty-five hours without a mat[], blanket, shower, and water. This is [] cruel and unusual punishment and against policy as well as my constitutional rights. [There is] no explanation for me being down here for as long as I have[.] [T]his is preventing me from studying my case. (Ex. C, Doc. 36-3 at PageID 187). On December 8, 2021, defendant Eversole responded with Case: 3:24-cv-00244-TMR-KLL Doc #: 41 Filed: 02/20/26 Page: 7 of 19 PAGEID #: <pageID>
8 the following: [T]here is no grievance. You were housed within transport staging due to trying to force open a security door within A-Pod, specifically A204, which you nearly was able to open with your repeated instances where you kicked the door. You were issued sanctions to that effect but still continued to kick the door to the point the cell door was compromised and the cell taken out of service. You are currently being housed in a cell that the door secures properly. I know you have been given showers with documented instances to that fact. I will have the first floor officers provide you some cleaning supplies. I am currently in the process to re-evaluate your current housing situation. (Ex. C, Doc. 36-3 at PageID 188). On December 8, 2021, Mr. Whitfield submitted a professional contact request using the jail communication system stating the following: Request: (For A Captain ONLY) How do I write a grievance then the same person my grievance is against respond[s], like he’ll be able and willing to investigate and possibly discipline himself? I have written copies of the grievances that [I] filled out so I fail to understand how Sgt’[s] don’t have them. I have the exact time and date I gave my grievances to the C.[O.] And [there’s] no evidence or documentation of me damaging the door. How isn’t [this] a violation of my constitutional rights, “Marked as [n]ot a grievance.” (Ex. G, Doc. 39-7 at PageID 218). On December 9, 2021, Captain J. Stephens sent the following response: [G]rievances fit a specific criteria which is listed at the beginning of the process. [I]f what you are reporting doesn’t meet that criteria then, even though we respond, it is not considered a grievance. [T]he one you wrote today against CO Duncan will be handled by a sergeant. We moved you upstairs like you wanted and now you are having problems there including trying to damage my doors, which can be clearly viewed on camera. I am asking you to please stop doing this. You have a long time to remain here until the court will be finished with you. I’m sure you’d like to remain somewhere pleasant and with amenities such as a TV, access to kiosk, phones etc. If you continue the behaviors you’re exhibiting then you lose privileges which will make this a long and difficult stay for you. If there is something you’d like that would calm you and help you pass the time like a puzzle book or something to read please put in a kiosk request to the Chaplain and we will assist you. (Id.). Case: 3:24-cv-00244-TMR-KLL Doc #: 41 Filed: 02/20/26 Page: 8 of 19 PAGEID #: <pageID>
9 IV. Defendants’ motion for summary judgment (Doc. 36) a. Legal Standard Historically, the Sixth Circuit has analyzed pretrial detainees Fourteenth Amendment claims for unconstitutional conditions of confinement under the same Eighth Amendment framework applied to convicted prisoners. Westmoreland v. Butler Cnty., Kentucky, 29 F.4th 721, 727 (6th Cir. 2022) (citing Richmond v. Huq, 885 F.3d 928, 937 (6th Cir. 2018)). While prison officials must “provide humane conditions of confinement” and “ensure that inmates receive adequate food, clothing, shelter, and medical care” Farmer v. Brennan, 511 U.S. 825, 832 (1994), “[t]he Constitution does not mandate comfortable prisons,” Rhodes v. Chapman, 452 U.S. 337, 349 (1981), and “[n]ot every unpleasant experience a prisoner might endure while incarcerated constitutes cruel and unusual punishment within the meaning of the Eighth Amendment.” Ivey v. Wilson, 832 F.2d 950, 954 (6th Cir. 1987). Instead, “extreme deprivations are required to make out a conditions-of-confinement claim . . . [b]ecause routine discomfort is ‘part of the penalty that criminal offenders pay for their offenses against society.’” Hudson v. McMillan, 503 U.S. 1, 9 (1992) (quoting Rhodes v. Chapman, 452 U.S. 337, 347 (1981)). This constitutional framework includes both objective and subjective components. Westmoreland, 29 F.4th at 726 (citing Richmond, 885 F.3d at 937-38). In the context of a Fourteenth Amendment condition of confinement claim, the plaintiff must first show “that [he or she] is incarcerated under conditions posing a substantial risk of serious harm.” Assi v. Hanshaw, 625 F. Supp. 3d 722, 745 (S.D. Ohio 2022) (quoting Bensfield v. Murray, No. 4:21- cv-P104, 2022 WL 508902, at *2 (W.D. Ky. Feb. 18, 2022)). Second, the plaintiff must show “that [the defendant] acted ‘deliberately’ and ‘recklessly in the face of an unjustifiably high risk of harm that is either known or so obvious that it should be known.’” Id. (quoting Brawner v. Case: 3:24-cv-00244-TMR-KLL Doc #: 41 Filed: 02/20/26 Page: 9 of 19 PAGEID #: <pageID>
10 Scott Cnty., 14 F.4th 585, 596 (6th Cir. 2021)). See also Westmoreland v. Butler Cnty., 29 F.4th at 728. Finally, conditions-of-confinement claims “are highly fact-specific” and “the length of exposure to the conditions is often paramount.” Lamb v. Howe, 677 F. App’x 204 (6th Cir. 2017). Therefore, the Court should “consider the interrelationship between the severe conditions and their duration” when evaluating the merits of a conditions-of-confinement claim. Francis v. Altiere, 491 F. App’x 539, 543 (6th Cir. 2012). b. Eligibility for compensatory damages Initially, the Court finds that Mr. Whitfield cannot bring a claim against defendants for compensatory damages for emotional distress based on the allegations of the complaint. The Prison Litigation Reform Act states that “[n]o 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). Even though the physical injury required by § 1997e(e) for a § 1983 claim need not be significant, it must be more than de minimis for an Eighth Amendment claim to go forward. Flanory v. Bonn, 604 F.3d 249, 254 (6th Cir. 2010) (collecting cases). Here, plaintiff first alleges that he became depressed and anxious as a result of defendants’ actions and the “psychological torture” of his confinement conditions. He does not allege any physical injuries resulted from unsanitary conditions. While Mr. Whitfield does allege some underlying physical injuries resulting from defendants’ alleged failure to provide a mattress for 48 hours, such as lower back pain, cramping muscles, and swollen limbs, he provides no medical documentation or other evidence to support those claims and states that his pain only “lingered for 4-5 days.” (Doc. 39 at PageID 207). Mr. Whitfield also alleges he experienced depression, anxiety, and vision problems arising from 24/7 illumination in his cell but provides no medical documentation to support these Case: 3:24-cv-00244-TMR-KLL Doc #: 41 Filed: 02/20/26 Page: 10 of 19 PAGEID #: <pageID>
11 claims. (Id. at 204, 207). While blurred vision constitutes a physical manifestation that could potentially satisfy the PLRA’s physical injury requirement if properly documented, plaintiff’s failure to provide any medical records, expert testimony, or clinical verification of the alleged blurred vision renders his claim for compensatory damages for mental or emotional injuries (anxiety and depression) legally insufficient under the PLRA. See Flanory, 604 F.3d at 254. Plaintiff is therefore precluded by 42 U.S.C. § 1997e(e) from seeking damages for the depression and anxiety purportedly caused by the alleged conditions of his confinement. See Richmond v. Settles, 450 F. App’x 448, 456 (6th Cir. 2011) (prisoner’s Eighth Amendment claim for mental anguish purportedly caused by the deprivation of six meals over a seven-day period was barred by § 1997e(e) where the prisoner failed to show his physical health suffered as a result of the deprivation). c. Unsanitary conditions Plaintiff’s claim that defendants housed him in a cell for 11 days that was covered in human waste fails to satisfy the objective element of a Fourteenth Amendment condition of confinement claim, i.e., that plaintiff was “incarcerated under conditions posing a substantial risk of serious harm.” Assi v. Hanshaw, 625 F. Supp. 3d 722 (S.D. Ohio 2022) (internal quotations omitted) (quoting Bensfield, 2022 WL 508902, at *2). “It is well-established that the presence of some unsanitary conditions in a cell (including fecal matter) does not establish an Eighth Amendment claim, except in circumstances where the volume of matter and duration of exposure are extreme.” Edge v. Mahlman, No. 1:20-cv-892, 2021 WL 3725988, at *3 (S.D. Ohio Aug. 23, 2021), report and recommendation adopted, 2022 WL 20113138 (S.D. Ohio Mar. 18, 2022). As such, requiring a prisoner to live in a cell with “massive amounts” of feces covering “nearly floor to ceiling” and to sleep in raw sewage violates the Eighth Amendment. Taylor v. Riojas, 592 Case: 3:24-cv-00244-TMR-KLL Doc #: 41 Filed: 02/20/26 Page: 11 of 19 PAGEID #: <pageID>
12 U.S. 7, 7-8 (2020). On the other hand, temporary or minor inconveniences resulting from unsanitary conditions are unlikely to meet this standard. Dellis v. Corr. Corp. of Am., 257 F.3d 508, 511 (6th Cir. 2001); see also Brown v. Mahlman, No. 1:22-cv-239, 2022 WL 17817615, at *3 (S.D. Ohio Dec. 19, 2022) (“Courts have typically found that temporary exposure to feces does not meet the objective component of the Eighth Amendment conditions of confinement test.”); Figueroa v. Cty. of Rockland, No. 16-cv-6519, 2018 WL 3315735, *7 (S.D.N.Y. July 5, 2018) (allegations of feces and bodily fluids on the walls are insufficient to create a constitutional concern). The cell conditions that Mr. Whitfield alleges are unpleasant; however, he offers no evidence indicating that he suffered physical injury resulting from exposure to unsanitary conditions. Further, under the above standards and in view of the relatively short length of time that Mr. Whitfield was subjected to them (11 days in the cell), these conditions do not rise to the level of unconstitutional conditions of confinement claim under the Fourteenth Amendment. See Still v. Davis, No. 1:16-cv-640, 2018 WL 1202827 (S.D. Ohio Mar. 8, 2018), report and recommendation adopted, No. 1:16-cv-640, 2018 WL 2943227 (S.D. Ohio June 12, 2018) (noting “courts have held that even fairly long exposure [to sewage] will not satisfy the objective component . . . in the absence of any physical harm.”) (collecting cases). d. Denial of Mattress Mr. Whitfield’s further alleges that defendants denied him a mattress for 48 hours and that he had to sleep on his mattress on the cell floor for the remainder of the 11 days he spent in transport cell TRN114. (Doc. 39 at PageID 196). Defendants do not deny that Mr. Whitfield was without a mattress for 48 hours but state that the transport cell TRN114 that he was moved to was “to accommodate only as temporary housing, therefore sleeping accommodations were Case: 3:24-cv-00244-TMR-KLL Doc #: 41 Filed: 02/20/26 Page: 12 of 19 PAGEID #: <pageID>
13 provided once it was deemed that repairs [to A204] would take longer than intended.” (Doc. 36 at PageID 167-68). Defendants additionally state that plaintiff’s transfer to the transport cell resulted from his previous cell A204 being “removed from service due to the damage caused by [p]laintiff.” (Id. at PageID 167). Mr. Whitfield has failed to raise a genuine issue of fact as to the denial of a mattress because deprivation of a mattress for 48 hours does not rise to the level of a constitutional violation. See Jones v. Toombs, No. 95-1395, 1996 WL 67750, at *1 (6th Cir. Feb.15, 1996) (“The defendants did not violate [the plaintiff’s] Eighth Amendment rights by depriving him of a mattress for a two week period.”) (citing Schroeder v. Kaplan, No. 93-17123, 1995 WL 398878, at *2 (9th Cir. July 7, 1995) (denial of mattress for four weeks did not violate the Constitution)). “[C]ourts in the Sixth Circuit have routinely rejected Eighth Amendment claims for mattress restrictions,” i.e., the denial of a mattress. Cook v. Leitheim, No. 1:22-cv-630, 2022 WL 3040342, at *6 (W.D. Mich. Aug. 2, 2022). See also Cooper v. Montgomery Cnty., Ohio, No. 3:13-cv-272, 2017 WL 2841678, at *10 (S.D. Ohio June 30, 2017), aff’d sub nom. Cooper v. Montgomery Cnty., Ohio Sheriff’s Dep’t, 768 F. App’x 385 (6th Cir. 2019) (noting, in a case brought by a pretrial detainee, that “[a]s a general rule, courts have held that short-term deprivations of a mattress pass constitutional muster.”). Therefore, Mr. Whitfield’s allegation that he slept without a mat or mattress for 48 hours fails to allege a sufficiently serious deprivation in this respect. Richmond, 450 F. App’x at 455 (deprivation of a mattress and bedding for a fixed period of time does not violate the Eighth Amendment”). e. Lack of Running Water Similarly, to the extent Mr. Whitfield seeks to assert a Fourteenth Amendment claim against defendants for housing him in a cell without running water (Doc. 39 at PageID 194, 199, Case: 3:24-cv-00244-TMR-KLL Doc #: 41 Filed: 02/20/26 Page: 13 of 19 PAGEID #: <pageID>
14 207), his claims do not rise to the level of an actionable unconstitutional conditions of confinement claim under the Fourteenth Amendment. See Taper v. Branch, No. 1:23-cv-806, 2024 WL 2862527, at *4, *10 (S.D. Ohio June 6, 2024), report and recommendation adopted, No. 1:23-cv-806, 2024 WL 3163916 (S.D. Ohio June 24, 2024) (finding that an inmate awaiting transport who was “housed in a condemned cell . . . that had black mold, roaches, rats, and no running water” for 15 days “fail[ed] to allege facts showing the type of extreme deprivations necessary to sustain a plausible Eighth Amendment claim.”) (collecting cases). Defendant Eversole states in his affidavit that Mr. Whitfield was offered showers and “declined . . . on several occasions” (Doc. 36-3 at PageID 186, ¶ 7), which Mr. Whitfield does not refute except to state that “showers are monitored therefore uncomfortable.” (Doc. 39 at PageID 205). See Johnson v. Cool, No. 1:22-cv-00031, 2024 WL 3992412, at *11 (S.D. Ohio Aug. 29, 2024), report and recommendation adopted, 2025 WL 360607 (S.D. Ohio Jan. 31, 2025) (finding that a “14-day period without a shower would rise to the level of an extreme deprivation when a 6-day period does not do so”) (citing Richmond, 450 F. App’x at 455). See also Richmond, 450 F. App’x at 455 (denying an inmate access to running water, or the ability to shower for six days not actionable); Wiley v. Kentucky Dep’t of Corr., No. 11-cv-97, 2012 WL 5878678, at *2 (E.D. Ky. Nov. 21, 2012) (finding that being “confined for two weeks in a ‘dry cell’ with no running water” did not give rise to a constitutional claim). Further, Mr. Whitfield has failed to raise a genuine issue of fact as to the subjective element of a Fourteenth Amendment conditions of confinement claim because he has not shown that defendants demonstrated deliberate indifference to an excessive risk to his health and safety. Mr. Whitfield alleges he felt “dizzy” and “physically drained . . . presumably from a lack of fluids” but he offers no medical evidence to support this conclusory claim. (Doc. 39 at PageID Case: 3:24-cv-00244-TMR-KLL Doc #: 41 Filed: 02/20/26 Page: 14 of 19 PAGEID #: <pageID>
15 207). See also Benson v. Carlton, 229 F.3d 1150 (6th Cir. 2000) (plaintiff's “allegation that he suffered a whirling sensation in his head after his fear of [defendant correctional officer] caused him to skip supper constitutes a de minimus injury and does not support a claim for mental or emotional suffering under the Eighth Amendment and § 1997e(e).”) (citing Siglar v. Hightower, 112 F.3d 191, 193 (5th Cir. 1997)). Nor does he allege that defendants denied him fluids altogether; rather, he alleges only that there was no running water in his cell. f. 24/7 Lighting Finally, as to Mr. Whitfield’s allegations that he was subjected to continuous 24-hour illumination, he failed to produce sufficient evidence to create a genuine issue that this condition “posed a serious risk to his health or safety.” McKerchie v. Wrigglesworth, No. 1:23-cv-1319, 2024 WL 1210774, at *9 (W.D. Mich. Mar. 21, 2024) (finding “24/7 daytime illuminating light” in inmate’s cell for over 3 months failed to state a Fourteenth Amendment conditions of confinement claim when inmate failed to demonstrate it created a serious risk of harm). While Mr. Whitfield states he suffered headaches, and blurred and double vision, he offers only his affidavit, which is unsupported by medical records, as evidence that the challenged conditions posed a substantial risk of serious harm or caused him any injury. See Edge, 2021 WL 3725988. Further, his claim regarding constant illumination fails the subjective element of a Fourteenth Amendment conditions of confinement claim by failing to present evidence that defendants “acted ‘deliberately’ and ‘recklessly “in the face of an unjustifiably high risk of harm that is either known or so obvious that it should be known.” O'Neill v. Adams Cnty. Jail, No. 1:23-CV-200, 2024 WL 3754879, at *9 (S.D. Ohio Aug. 12, 2024) (quoting Brawner, 14 F.4th at 596). Plaintiff argues that defendants were “well aware of the lights” and therefore “intentionally and/or recklessly disregarded the known risk of constant illumination. . . .” (Doc. Case: 3:24-cv-00244-TMR-KLL Doc #: 41 Filed: 02/20/26 Page: 15 of 19 PAGEID #: <pageID>
16 39 at PageID 204). Although Mr. Whitfield’s submitted grievance states that his “holding cell light never turns off” he does not report any related medical complaints or describe any deprivations he suffered as a result. (Doc. 36-3 at PageID 187). While it is clear defendants were aware that the lights in the transport cells never shut off, Mr. Whitfield presents no evidence from which the Court can infer that defendants were aware of his alleged sleep deprivation and visions issues and “deliberately ignored them.” Pouncy v. Bush, No. 1:23-cv- 280, 2023 WL 3243476, at *10 (W.D. Mich. May 4, 2023) (citing Chavarria v. Stacks, 102 F. App’x 433, 434-35 (5th Cir. 2004) (holding that constant illumination of a prison administrative unit at night in order to prevent guards from being assaulted was a reasonable security measure and thus did not violate the Eighth Amendment, even when inmate reported “the lighting was causing him to lose sleep.”)). Further, defendants state that they “did not control or alter the lighting” in plaintiff’s cell and that “[t]he lighting conditions were no different than [they were for] any other inmates placed in it.” (Doc. 36 at PageID 171). Pouncy, 2023 WL 3243476, at *10 (citing Chavarria, 102 F. App’x at 436 (finding that even if plaintiff had alleged his sleep deprivation resulting from the 24/7 lighting was “sufficiently serious to be cognizable under the Eighth Amendment, [he] cannot establish an Eighth Amendment violation because he cannot show that his deprivation is unnecessary and wanton.”) and Zatko v. Rowland, 835 F. Supp. 1174, 1181 (N.D. Cal. 1993) (dismissing plaintiff’s claim that constant illumination in his cell deprived him of sleep when plaintiff admitted that guards did not “unnecessarily use the light to keep [plaintiff] awake.”)). Lastly, the defendants allege the lighting in the transport cells serves a legitimate penological purpose. Defendant Eversole states in his affidavit that “[t]ransport Cells are also Case: 3:24-cv-00244-TMR-KLL Doc #: 41 Filed: 02/20/26 Page: 16 of 19 PAGEID #: <pageID>
17 used as observation rooms for high risk inmates. Lights remain illuminated in order to view these inmates in order to maintain security and the welfare of the inmate.” (Ex., C, Doc. 36-3 at PageID 187, ¶ 5, Eversole Aff.). See Reynolds v. Herrington, No. 4:13cv-P132-M, 2014 WL 1330190, at *4 (W.D. Ky. Apr. 1, 2014) (finding that courts have failed to find that constant illumination is a constitutional violation when done for legitimate penological reasons) (citing Williams v. Ward, 567 F. Supp. 10, 15 (E.D.N.Y. 1982) (holding that keeping hallway lights on all night for security reasons was not a constitutional violation even where plaintiff claimed he was unable to sleep)). Plaintiff has failed to present evidence creating an issue of fact on the subjective element of this claim. In construing the facts alleged by plaintiff in the light most favorable to him, the Court finds that none of the conditions of confinement he identifies are severe enough to constitute objectively serious harm, and Mr. Whitfield has failed to create a genuine issue of fact as to whether defendants were deliberately indifferent to an excessive risk to his health and safety. Accordingly, the Court recommends that defendants’ motion for summary judgment on Mr. Whitfield’s conditions of confinement claim against defendant Eversole and Evers be GRANTED. g. Qualified Immunity Defendants Eversole and Evers are also entitled to qualified immunity. Qualified immunity “shields ‘government officials performing discretionary functions . . . from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.’” Barker v. Goodrich, 649 F.3d 428, 433 (6th Cir. 2011) (quoting Harlow v. Fitzgerald, 475 U.S. 800, 818 (1982)). Case: 3:24-cv-00244-TMR-KLL Doc #: 41 Filed: 02/20/26 Page: 17 of 19 PAGEID #: <pageID>
18 Once a defendant raises a qualified immunity defense to a claimed constitutional violation, the plaintiff must satisfy a two-pronged analysis: (1) Taken in the light most favorable to the party asserting the injury, do the facts alleged show that the official’s conduct violated a constitutional right, and (2) if a violation could be made out on a favorable view of plaintiff’s submissions, was the right clearly established at the time of the injury. Saucier v. Katz, 533 U.S. 194, 201 (2001), overruled in part by Pearson v. Callahan, 555 U.S. 223 (2009). As the Court determines that plaintiff has failed to raise a genuine issue of fact as to his Fourteenth Amendment conditions of confinement claim, defendants’ request for qualified immunity should likewise be GRANTED. See Courtright v. City of Battle Creek, 839 F.3d 513, 518 (6th Cir. 2016) (finding that if one prong of the qualified immunity analysis “is not satisfied, then qualified immunity shields the government officer from civil damages.”). IT IS THEREFORE RECOMMENDED THAT: Defendants’ motion for summary judgment (Doc. 62) be GRANTED on all claims. Date: _________________________ Karen L. Litkovitz United States Magistrate Judge 2/20/2026 Case: 3:24-cv-00244-TMR-KLL Doc #: 41 Filed: 02/20/26 Page: 18 of 19 PAGEID #: <pageID>
19 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION CALEB WHITFIELD, Case No. 3:24-cv-244 Plaintiff, Rose, J Litkovitz, M.J. vs. SERGEANT EVERS, et al., Defendants. NOTICE Pursuant to Fed. R. Civ. P. 72(b), any party may serve and file specific, written objections to this Report & Recommendation within FOURTEEN (14) DAYS after being served with a copy thereof. This period may be extended further by the Court on timely motion by either side for an extension of time. Such objections shall specify the portions of the Report objected to and shall be accompanied by a memorandum of law in support of the objections. If the Report and Recommendation is based in whole or in part upon matters occurring on the record at an oral hearing, the objecting party shall promptly arrange for the transcription of the record, or such portions of it as all parties may agree upon, or the Magistrate Judge deems sufficient, unless the assigned District Judge otherwise directs. A party may respond to another party’s objections WITHIN 14 DAYS after being served with a copy thereof. Failure to make objections in accordance with this procedure may forfeit rights on appeal. See Thomas v. Arn, 474 U.S. 140 (1985); United States v. Walters, 638 F.2d 947 (6th Cir. 1981). Case: 3:24-cv-00244-TMR-KLL Doc #: 41 Filed: 02/20/26 Page: 19 of 19 PAGEID #: <pageID>
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