WILLIAM VAN POYCK, APPELLANT,
v.
RICHARD L. DUGGER, SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS; TOM L. BARTON, SUPERINTENDENT, FLORIDA STATE PRISON; A.D. THORNTON, COLONEL, FLORIDA STATE PRISON; L.E. TURNER, ASSISTANT SUPERINTENDENT, FLORIDA STATE PRISON; AND L.R. JOHNSON, MAJOR, FLORIDA STATE PRISON, APPELLEES
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Van Poyck, a death-row inmate, appealed the summary denial of his habeas corpus petition challenging conditions of confinement as cruel and unusual punishment under the Eighth Amendment. The court reversed, finding the petition stated sufficient grounds for relief and remanding for an evidentiary hearing on whether deliberate denial of cell ventilation constituted cruel and unusual punishment.
The trial court erred in summarily dismissing Van Poyck's habeas petition without an evidentiary hearing. Accepting the petition's allegations as true, the conditions described—deliberate denial of ventilation causing extreme temperatures and physical symptoms—state a cognizable Eighth Amendment claim for cruel and unusual punishment.
[1] A prisoner's sworn petition alleging severe and prolonged inhumane conditions of incarceration, including extreme heat due to lack of ventilation, may state a claim for c…
[2] A habeas corpus petition alleging Eighth Amendment violations should not be summarily denied if the allegations, taken as true, state grounds for relief.
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Establishes the legal standard for Eighth Amendment cruel and unusual punishment claims that the court applied to evaluate Van Poyck's allegations.
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Join FLexlaw to unlock all legal intelligenceVan Poyck is a death-penalty inmate at Florida State Prison. He alleged that prison officials deliberately refuse to operate the ventilation system in…
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PER CURIAM.
Van Poyck, a prisoner in the state corrections system, appeals from the summary denial of his petition for writ of habeas corpus on the ground that his petition was facially insufficient. We reverse and remand for an evidentiary hearing.
Appellant’s petition claimed that the conditions of his incarceration amount to cruel and unusual punishment under the Eighth Amendment of the United States Constitution. Essentially, appellant’s sworn petition describes in some detail severe conditions which have continued unabated over a protracted period of time, including the withholding of adequate ventilation from his virtually airtight cell, which is sealed off for a period of 12-15 hours per day resulting in a room temperature exceeding 100 degrees Fahrenheit.1
Appellant describes in some detail the ventilating system which is available for use by the prison officials in appellant’s wing. However, he alleges that the officers simply refuse, except on rare occasions, to turn on either the blowers or the exhaust fans. Without the ventilation system operating, appellant claims that his cell becomes very hot and stuffy with no movement of the “rank, stale, fetid air” which is heavy with tobacco smoke from other areas. Because prison officials insist on closing and locking his outer steel door each evening, appellant says that his cell turns into a virtual sweat box or sauna. Over a period of time, in addition to the general, extreme discomfort, he claims to have suffered aggravating symptoms of physical pain, headaches, dizziness, shortness of breath, and skin and scalp irritations.
Appellant claims that the abuse he has been subjected to is a deliberate and calculated effort to punish him for killing a correctional officer (see footnote one, supra) because four members of the deceased victim’s family are employees at the Florida State Prison.
The habeas petition avers that he has had no disciplinary report filed against him or engaged in any breach of prison regulations that might justify his being treated more severely than other inmates in his category.
Appellant’s petition describes numerous efforts on his part to rectify the above situation administratively. The lower court’s order summarily denying the habe-as petition cannot be affirmed on the basis of any failure to exhaust administrative remedies because it is-not apparent from the petition that there has been any such failure. Indeed, it would appear that available administrative remedies have been exhausted.
As stated in Sheley v. Dugger, 883 F. 2d 1420, 1428 (11th Cir.1987):
The Eighth Amendment prescribes [sic] punishment that shocks the conscience, offends society’s evolving notions of decency or is grossly disproportionate to the offense. Hutto v. Finney, 437 U.S. 678, 685, 98 S.Ct. 2565, 2570-71, 57 L.Ed.2d 522 (1978). It also forbids inflictions of pain which are “ ‘totally without penological justification.’ ” Rhodes v. Chapman, 452 U.S. 337, 346, 101 S.Ct. 2392, 2399, 69 L.Ed.2d 59 (1981).
Assuming, as we must for purposes of appellate review of the subject order, that the allegations of the appellant’s habeas petition are true, we find that the trial court erred in summarily dismissing appellant’s petition for failure to state grounds for relief. See Bagley v. Brierton, 362 So. 2d 1048 (Fla. 1st DCA 1978).
Accordingly, we reverse and remand for proceedings consistent with this opinion.
SMITH, NIMMONS and ZEHMER, JJ., concur. . Van Poyck is a death penalty inmate at the Florida State Prison in Union County. The offense for which he is incarcerated involved his killing of a correctional officer in West Palm Beach when Van Poyck attempted to free an inmate from a prison van. At the time, Van Poyck was not a prisoner in a correctional facility.
Cases With Similar Vibessemantic neighbors from the corpus
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Runner O. Santana v. Henry, 12 So. 3d 843 (Fla. 1st DCA 2009)…management status); Sykes v. State, 974 So. 2d 1133, 1134 (Fla. 1st DCA 2008) (al leged misassignment to particular correctional institution); Moore v. Dugger, 613 So. 2d 571, 572 (Fla. 1st DCA 1993) (alleged misclassification); Van Poyck v. Dugger, 579 So. 2d 346, 347 (Fla. 1st DCA 1991) (alleged poor ventilation), or gain-time calculations not affecting DOC’s current right [*846] to hold the petitioner, see Williams v. State, 519 So. 2d 723, 724 (Fla. 5th DCA 1988); Sutton v. Strickland, 485 So. 2d 25, 25 (…
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Moore v. Dugger, 613 So. 2d 571 (Fla. 1st DCA 1993)…waste standing in the stopped-up toilet, and no lights. While these allegations were sufficient to state a cause of action, Guess v. Barton, 599 So. 2d 770 (Fla. 1st DCA 1992); Roy v. Dugger, 592 So. 2d 1235 (Fla. 1st DCA 1992); Van Poyck v. Dugger, 579 So. 2d 346 (Fla. 1st DCA 1991); Rahming v. Bigham, 539 So. 2d 10 (Fla. 1st DCA 1989), Moore’s petition was facially insufficient in that it failed to allege that he had exhausted all available administrative remedies, Polk v. Crockett, 379 So. 2d 369 (Fla. 1st…
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Guess v. Barton, 599 So. 2d 770 (Fla. 1st DCA 1992)…s finding that “the petition does not on its face show a cause of action upon which relief may be granted.” For purposes of appellate review, we must assume that the allegations of the appellant’s habeas petition are true. See Van Poyck v. Dugger, 579 So. 2d 346 (Fla. 1st DCA1991). Recently, in Roy v. Dugger, 592 So. 2d 1235 (Fla. 1st DCA 1992), where a prison inmate petitioned for writ of habeas corpus, alleging that the prison’s use of “close management” confinement was cruel and unusual punishment and a…
Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Hutto v. Finney, 437 U.S. 678 (U.S. 1978)
- Rhodes v. Chapman, 452 U.S. 337 (U.S. 1981)
- van Poyck v. State, 564 So. 2d 1066 (Fla. 1990)
- Frazier v. State, 362 So. 2d 1048 (Fla. 1st DCA 1978)
- Bagley v. Brierton, 362 So. 2d 1048 (Fla. 1st DCA 1978)