Qualified immunity denied to jail administrator in civil rights case

Allen v. Avance, 2012 WL 2763508 (7/10/12) (Okl.) (unpub'd) - The administrator of an Oklahoma jail was not entitled to qualified immunity with respect to the pretrial detainee's cruel-and-unusual-punishment and retaliation claims. The plaintiff asked for a grievance form to protest the cancelation of visitation rights so the guards could go to a funeral. He was put in an observation cell with no toilet paper, toothbrush, toothpaste, towel, mattress, blanket or pillow. To go to the bathroom he had to bang on the cell door and ask for toilet paper. The cell was covered with standing water. He spent seven days there. He then filed a grievance. In response, the administrator said: "you don't know a damn thing about the rules and you don't run a thing at this jail." The plaintiff then spent another 4 days in the observation cell.