Sotomayor_dissent_from_denial_prisoner_2

Sotomayor_dissent_from_denial_prisoner_2 - Cite as: 562 U....

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Cite as: 562 U. S. ____ (2010) SOTOMAYOR, J., dissenting SUPREME COURT OF THE UNITED STATES ANTHONY C. PITRE v. NATHAN CAIN ET AL. ON PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 09–9515. Decided October 18, 2010 The petition for a writ of certiorari is denied. JUSTICE SOTOMAYOR, dissenting from denial of certiorari. Petitioner Anthony Pitre, a Louisiana state prisoner, stopped taking his HIV medication to protest his transfer to a prison facility. He alleges that respondents at the facility punished him for this decision by subjecting him to hard labor in 100-degree heat. According to Pitre, respon- dents repeatedly denied his requests for lighter duty more appropriate to his medical condition, even after prison officials twice thought his condition sufficiently serious to rush him to an emergency room. In response to one such request, respondent Cain expressly acknowledged in a letter attached to Pitre’s complaint that Pitre was “dealing with unnecessary pain and suffering, as well as cruel and unusual punishment,” but he accused Pitre of “bringing it on himself” by refusing to take his medication. App. F to Pet. for Cert. (Exh. A-2). Cain concluded, “If you are suffering because of your own choices, so be it.” Ibid. As a result of respondents’ actions, Pitre alleges, his already- fragile medical condition deteriorated even further. The courts below deemed these allegations insufficient to state an Eighth Amendment violation. The Magistrate Judge concluded that Pitre had been “‘hoist by his own petard,’” Report and Recommendation in No. 2:08–CV– 1894 (WD La., Apr. 29, 2009), p. 9, App. C to Pet. for Cert., and sua sponte recommended dismissing the complaint as
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Sotomayor_dissent_from_denial_prisoner_2 - Cite as: 562 U....

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