Dismissal of Prison Working Conditions Case Rev'd

Blay v. Reilly, 2007 WL 2110798 (7/24/07)(unpub'd) - The 10th reverses dismissal of § 1983 complaint about prison working conditions. The prisoner alleged inadequate ventilation and work that created a high risk of getting cut. The d.ct. held: "it cannot be reasonably found, based merely upon a layman's opinion that the experienced defendants were aware of an excessive risk to the prisoner's health and safety and/or that they responded unreasonably to the risk." The 10th held a reasonable trier of fact could find deliberate indifference in favor of the layman.