A 74-year-old inmate brought a civil rights action after he had  requested to be housed with a cellmate who does not smoke.  Prison official Maldonado responded, “You can’t always get what you want” while Scharosch stated that “I am not making any convenience moves.”  The court ruled that the defendants violated the plaintiff’s constitutional rights when they failed to recommend that Stringfellow, whom they knew had previous disciplinary problems, not be placed in trhe plaintiff’s cell.  The court also ruled that the defendants were not entitled to qualified immunity.    The defendants’ motion for summary judgment is denied as to the defendants Maldonado and Scharosch.

2006 U.S. Dist. LEXIS 61275 (U.S.D.C. E.D. Calif.).