The following excerpt is from Washington v. Artus, 16-1034-pr (2nd Cir. 2017):
suffered was sufficiently serious that he was denied the minimal civilized measure of life's necessities, and (2) subjectively, the defendant official acted with a sufficiently culpable state of mind, such as deliberate indifference to inmate health or safety." Walker v. Schult, 717 F.3d 119, 125 (2d Cir. 2013) (internal quotation marks and alteration omitted). We conclude that Washington failed to raise a genuine issue of fact as to either element.
Washington failed to present evidence sufficient to raise an issue of fact as to whether the wet mess hall floor objectively posed a sufficient risk of inmate harm. Although he asserts in his appellate brief that the wet floor had resulted in prior accidents causing serious injuries to other inmates, he presented no such evidence below. He testified only that other inmates had "tripped over like holes in the floors and stuff like that." App'x 41. But even assuming this included slip-and-fall incidents, Washington proffered no evidence that the prior incidents led to any injuries, much less that the wet mess hall floor posed the type of risk that society considers "to be so grave that it violates contemporary standards of decency to expose anyone unwillingly to such a risk." See Helling v. McKinney, 509 U.S. 25, 36 (1993).
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