personally has ever attempted to use the grievance procedure, he cannot allege that he has been harmed by any possible inadequacies. Accordingly, he has not alleged a compensable injury, and has stated a claim for damages.
COUNT IV - PERSONAL HYGIENE
In this count, plaintiff alleges that bed sheets are not changed regularly, his uniform has not been changed in over a month, and, at the time of his complaint, his towel had not been changed for nineteen months. He alleges that there are only three toilets, three showers, and three sinks for the increased number of detainees currently at the Jail. He further alleges that there is insufficient toilet paper, soap, cleaning materials, and that it is humiliating that he must beg for clean sheets, uniforms and underwear, even though "it is known that the supply room has an adequate amount to pass out."
It is difficult to see how such conditions could be "reasonably related to a legitimate government objective." Bell, 441 U.S. at 538. Thus, this court may infer that the purpose of these restrictive conditions (especially the failure to provide clean sheets and clothing when they are available) is to punish. Moreover, similar conditions have been held to violate the basic human necessity of a minimally hygienic living space amounting to cruel and unusual punishment, in violation of the Eighth Amendment. Jackson v. Duckworth, 955 F.2d 21 (7th Cir. 1992). If such conditions can violate the Eighth Amendment's prohibition against cruel and unusual punishment, they necessarily would also violate the Fourteenth Amendment's prohibition against any punishment at all.
In addition, plaintiff has alleged that all of the defendants are aware of these conditions, are aware of the potential danger that could result from these conditions, and have deliberately ignored those dangers. Thus, plaintiff has met the subjective component of the Wilson test. Accordingly, the court concludes Count IV that states a claim.
COUNT V - MEDICAL AND MENTAL
In Count V plaintiff has alleged a litany of complaints relating to his medical care. All but two of those complaints can be dismissed because he suffered no injury. For example, he alleges that he tested positive for tuberculosis, was treated, but then never re-tested. He does not, however, allege that he has any symptoms of tuberculosis. He also alleges that he is not separated from "A.I.D.S. carriers" or psychotic detainees and active tuberculosis cases. Again, he has failed to allege how he has been injured as the result of his lack of segregation.
Plaintiff has, however, set forth two factual allegations that do support causes of action. First, he alleges that the Jail is a closed environment with no open windows, and that the ventilation system is grossly inadequate. As a result he is continuously exposed to environmental tobacco smoke, causing headaches and "nasaipharyneal [sic] irritations" and an inordinate amount of colds. The Seventh Circuit has indicated that adequate ventilation is a fundamental attribute of shelter that correction officials must provide under the Eighth Amendment. See Lewis v. Lane, 816 F.2d 1165, 1171 (7th Cir. 1987). Again, if inadequate ventilation can amount to cruel and unusual punishment under the Eighth Amendment, it would also amount to prohibited punishment under the Fourteenth Amendment.
Additionally, plaintiff has alleged that he has had a laminectomy and that sleeping on the floor aggravates his condition, resulting in greater back pain. He has complained about this problem and requested an extra mattress, but instead has received only an over-the-counter pain medication. Read liberally, this allegation states that defendants have failed to treat adequately a specific injury and, therefore, meets the objective standard under Bell. Again, plaintiff alleges that all defendants are aware of these conditions and the possibility that they could create an excessive risk to his health and safety, and that defendants have deliberately ignored that risk. Accordingly, the court concludes that plaintiff has stated a claim with respect to the allegations of inadequate ventilation and failure to treat his back injury.
COUNT III - FOOD SERVICE
Plaintiff has alleged that he is served cold food on dirty trays. In addition, he claims that he is rarely, if ever, served real meat, getting processed meat instead, which is often spoiled. He further alleges that at times there are roaches crawling over the food trays, and that the whole process is unsanitary and unhealthy. Read liberally, plaintiff has alleged that the prison officials have failed to provide nutritionally adequate food that is prepared and served under conditions which present an immediate danger to the health and welfare of the detainees who consume it. If true, this would amount to cruel and unusual punishment, in violation of the Eighth Amendment. French v. Owens, 777 F.2d 1250, 1255 (7th Cir. 1985), cert. den., 479 U.S. 817, 93 L. Ed. 2d 32, 107 S. Ct. 77 (1986). Obviously, if true, such conditions are not reasonably related to any legitimate governmental objective, and would violate the Fourteenth Amendment prohibition against punishment.
Finally, plaintiff has alleged that all of the defendants were and are aware of these conditions, and are aware that such conditions create an excessive risk to his health and safety. Accordingly, he has met the subjective component of Wilson.
THE BOARD'S MOTION
In addition to arguing that the alleged conditions do not amount to a constitutional violation, the Board has also moved to dismiss, claiming that it cannot be liable for conduct undertaken by the Cook County Sheriff and his department. While this statement is indeed true, see Thompson v. Duke, 882 F.2d 1180, 1187 (7th Cir. 1989), cert. den., 495 U.S. 929, 109 L. Ed. 2d 496, 110 S. Ct. 2167 (1990), the Board has misinterpreted plaintiff's claims against it. Plaintiff is not claiming that the Board is liable for the actions or inactions of the Sheriff, or anyone else. Plaintiff has alleged that pursuant to state statute the Board must appropriate and provide funds for the necessary, ordinary and contingent costs incurred by the office of the Sheriff in providing constitutionally required conditions at the Jail. 55 ILCS 5/3-15015. Thus, plaintiff alleges that the Board controls the purse strings and, despite knowledge of the punitive conditions at the Jail, has failed to provide the Sheriff with sufficient funds to alleviate the problems. He has alleged that the Board is deliberately indifferent to the excessive risk created by the conditions, and has failed to provide sufficient funds to eliminate those risks. Viewed liberally, his complaint states a claim against the Board, and cannot be dismissed.
For the reasons set forth above, the court grants defendants' motions to dismiss Counts I, II, VI and VII. The court denies the motions to dismiss Counts III, IV, and those portions of V relating to inadequate ventilation and the alleged failure to treat plaintiff's back problems. The court will appoint counsel to represent plaintiff in the prosecution of the viable counts.
ENTER: March 14, 1995
Robert W. Gettleman
United States District Judge