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___________________
No. 92-1025
KEVIN D. HICKS,
Plaintiff, Appellant,
v.
JAMES EMERSON, ET AL.,
Defendants, Appellees.
__________________
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MASSACHUSETTS
[Hon. Andrew A. Caffrey, Senior U.S. District Judge]
__________________________
___________________
Before
Breyer, Chief Judge,
___________
Per Curiam.
__________
Massachusetts
from a
Department
against
of
judgment dismissing
various
Correction
plaintiff's right
to be free
an inmate at
the
district court
complaint
officers
(DOC)
for
his 42
of
the
alleged
U.S.C.
1983
Massachusetts
violations
of
unusual punishment
We affirm.
officials at
that facility
(former
Associate
complaint alleged
Commissioner
of
Health
(former
Vose, and
Frank
Services).1
The
hip.
In
a nutshell,
defendants disregarded
plaintiff
complained
that
the
him utensils to eat dinner in his cell after he returned from the
infirmary
on May
remain on top
during
5, 1989,
of his bed
the daytime,
(2) refusing
and under a
and (3)
to allow
plaintiff to
transporting plaintiff
cold
to medical
____________________
appointments in painfully
unnecessary in
which were
wholly
Plaintiff sought
to receive eating
and barring
the
from
blankets whenever
restraining
him
necessary
with
waist
chains.
The
government
alternative, for
defendants
filed
summary
motion
to
judgment on
dismiss
behalf
or,
of the
the complaint.
in
the
nine
DOC
This motion
that DOC
regulations prohibited
which
plaintiff
from being under the covers during the daytime (8:00 a.m. to 3:45
p.m.), although he could make his bed and lay
blanket, covered with an item of clothing.
made
need to remain
letters
in bed.
An exception could be
As
not file
a result, the
1990.
an
13,
1990.
Plaintiff filed
This
the
defendants'
on June
opposition to
a motion
motion on
for reconsideration
appeal followed
the
entry of
final
to file an opposition to
he
he was
waiting for
counsel.
court
a ruling on
his motion
for appointment
of
"A district
United
______
States
______
46, 49
Local
Rule 17(a)(2)
District Court
of
At the time of
the Local
Rules of
the
United States
document
memorandum
supporting
of
authorities, why
unless
reasons,
including
the motion
citation
should not
be granted.
which
the
opposition."
Rule 18
opposition is
based
shall
with
the
opposing
filed
facts
the statement
be
of
of material facts
party.
As
unless controverted by
that the
plaintiff
filed
rule required of
the
no
the
opposition,
present record, we
to relief.
The one-time
was not
As
admitted that he
Amendment,
chose to
discard
under his
blanket(s), both
the exhibits
to
to plaintiff's
-4-
complaint
and Superintendent
Latessa's affidavit
indicate that
verifying his
they
need to
disagree,
assertion, and
he
he does not
issued
chains.
Jones
alleges
is
Finally,
an August
which indicates
which allowed
This plainly
no
claim that
the day.
for the
use
contradicts
While
plaintiff
that a
to
support
with
this
should be permitted to
plaintiff's complaint
defendant
remain covered.
doctor's
in
remain in bed
or
to
10,
1988 letter
new medical
of loosely
from
order had
applied security
plaintiff's claim
that
the
-5-