Oliver v. Deen, et al.

An asthmatic prison inmate filed a civil rights claim against the person in charge of his unit at the Pontiac (IL) Correction Center.  The District Court ruled that the prison officials did not ignore his medical needs and that Oliver did not show that prison officials possess a subjective intent to expose him to a substantial risk of danger by placing him in a cell with a smoker.  By a 2-1 vote, the Circuit Court held that Oliver did not satisfy one of the essential elements for a claim of violation of the Eighth Amendment prohibition of cruel and unusual punishment, viz., that he has a serious medical need or that he has been denied the minimal civilized measure of necessities.

77 F.3d 156, 11.3 TPLR 2.60, No. 94-4012, (7th Cir. 1996).