United States Sixth Circuit

In a pro se prisoner's section 1983 suit against various prison officials and others claiming violation of his Eighth Amendment right, dismissal of the complaint for failure to state a claim is reversed and remanded as plaintiff has made allegations which satisfy the objective and subjective components required for an Eighth Amendment violation as he has alleged that he was completely denied certain hygiene items and that he specifically was without toothpaste for a period of 337 days, and he also alleged that defendants were aware that he was without toothpaste and were deliberately indifferent to his hygiene needs.

Appellate Information

• Decided 05/06/2010
• Published 05/06/2010

Judges

• Before MARTIN and GIBBONS, Circuit Judges; MARBLEY, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellant:
  
• ON BRIEF: Jerry Flanory, Flint, Michigan, pro se.