Reynolds v. Wackenhut Corr Corp

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 01-60963 Summary Calendar JESSIE REYNOLDS, Plaintiff-Appellant, versus WACKENHUT CORRECTION CORPORATION; EMMITT L. SPARKMAN, Warden; WILLIE MAE WILLIAMS; DAVID HELMIC; KENNETH WILLIAMS; BRENDA CRAINE; GWEN SHAW; SALLIE PENNEBAKER; LOIS BEAN; CHARLES SMITH; SUPERVISOR BAGWELL; ROBERT JOHNSON; JOHN HOPKINS; C. RUCKER; CHYNETA JONES; LISHA AGNEW, Defendants-Appellees. Appeal from the United States District Court For the Northern District of Mississippi (3:01-CV-51-D) July 1, 2002 Before HIGGINBOTHAM, WIENER, and BARKSDALE, Circuit Judges. PER CURIAM:* Jessie Reynolds appeals the district court’s grant of Appellees’ motion for summary judgment in this Section 1983 action. Reynolds argues that his constitutional rights were violated when appellees did not promptly replace his worn out shoes. He further * Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. alleges that the poor condition of the shoes caused him to develop a cold. We review a district court’s grant of summary judgment de novo.1 For conditions of confinement to rise to the level of a constitutional violation, the prisoner must show that the risk that he complains of is “so grave that it violates contemporary standards of decency to expose anyone unwillingly to such a risk.”2 Reynolds’ allegations show, at most, that he was forced to endure uncomfortable conditions of confinement. Comfortable prisons are not mandated by the Constitution, and his allegations regarding his shoes fall far below the constitutional standard.3 The district court did not err in granting Appellees’ motion for summary judgment. AFFIRMED. 1 Threadgill v. Prudential Sec. Group, Inc., 145 F.3d 286, 292 (5th Cir. 1998). 2 Helling v. McKinney, 509 U.S. 25, 36 (1993) (emphasis in original). 3 See Woods v. Edwards, 51 F.3d 577, 581 (5th Cir. 1995).