75 L. Ed. 2d 675, 103 S. Ct. 1660 (1983).
With respect to Defendants' second argument, they cannot find refuge in qualified immunity. Absent evidence that Defendants sought to establish order among inmates in good faith, there is nothing "discretionary" about spraying a prisoner with a chemical agent or punching him in the head and body. Furthermore, when prison officials maliciously and sadistically use force to cause harm, they violate the Constitution, whether or not significant injury is evident. Hudson, 503 U.S. at 9. A de minimus use of force, such as a push or shove, may not contravene constitutional standards. Id. However, Jackson alleges significantly more than such a minimal use of force. Therefore, the court denies Defendants' motion to dismiss Jackson's excessive force claim.
The court now turns to Jackson's official capacity claims. Claims against government officers in their official capacities are actually claims against the government entity for which the officers work. Kentucky v. Graham, 473 U.S. 159, 167, 87 L. Ed. 2d 114, 105 S. Ct. 3099 (1985). Because § 1983 does not recognize a theory of respondeat superior as a basis for liability, in order to succeed on an official capacity claim, a plaintiff must allege that he or she suffered injuries of a constitutional magnitude as the result of an official policy, custom, or practice. Monell v. Department of Social Services, 436 U.S. 658, 694, 56 L. Ed. 2d 611, 98 S. Ct. 2018 (1978). Since Jackson has not alleged that he was injured as a result of a policy, custom, or practice, his official capacity claim fails.
B. Depriving Jackson of his Bedding and Personal Hygiene Items
To prove that conditions of confinement amount to a constitutional violation, Jackson must satisfy a test that involves both a subjective and objective component. Wilson v. Seiter, 501 U.S. 294, 298-99, 115 L. Ed. 2d 271, 111 S. Ct. 2321 (1991). The objective prong concerns whether the conditions exceeded contemporary bounds of decency of a mature, civilized society. Jackson v. Duckworth, 955 F.2d 21, 22 (7th Cir. 1992). The subjective component is met if a prison official acts with deliberate indifference, i.e., the official knows of and disregards an excessive risk to inmate health or safety. Farmer v. Brennan, 511 U.S. 825, 837, 128 L. Ed. 2d 811, 114 S. Ct. 1970 (1994). If either the objective or subjective prong is not satisfied, Jackson cannot make out a conditions claim. Lunsford v. Bennett, 17 F.3d 1574, 1579 (7th Cir. 1994).
An eight-day deprivation of personal hygiene items is not unconstitutional if the deprivation was unintentional or resulted in no harm to the prisoner. See Harris v. Fleming, 839 F.2d 1232, 1235 (7th Cir.1988) (five-day neglect of prisoner's need for toilet paper, soap, tooth brush and tooth paste was not unconstitutional). Since Jackson alleges no harm as a result of the deprivation of his personal items, his claim must fail. Similarly, Jackson's allegation of lacking bedding for eight days does not rise to the level of a constitutional violation. See Johnson v. Pelker, 891 F.2d 136, 138 (7th Cir. 1989) (two and a half days sleeping on a "slab of metal" not unconstitutional). Consequently, Jackson's claims concerning his bedding and personal hygiene items are dismissed.
For the foregoing reasons, the court grants in part and denies in part Defendants' motion to dismiss . Defendants DeTella, Null, Smith, and McBryde are dismissed from this action. Pursuant to this order, the issue that remains in this case is Jackson's Eighth Amendment claim of excessive force by Ellena, Dunlap, and Ringhouser. The Clerk is directed to issue alias summons for service on Defendant Ringhouser. The Clerk shall forward the alias summons and a copy of Jackson's USM-285 form and complaint to the United States Marshal, who shall make reasonable efforts to obtain Ringhouser's new address from Stateville and serve Ringhouser, without prepayment of costs. See Graham v. Satkoski, 51 F.3d 710, 713 (7th Cir. 1995). Statements from Stateville officials that Ringhouser no longer works at Stateville does not excuse the Marshal from obtaining information in order to effect service. Id. Defendants Ellena and Dunlap are given 20 days to answer or otherwise plead.
Harry D. Leinenweber
United States District Judge
DATED: March 16, 1998