Theodore Jerry Bolick, a prisoner with serious pre-existing physical disabilities including broken bones and metal rods in his legs, was incarcerated at the Kirkland Correctional Institution in South Carolina for two separate periods totaling over ten months. During this time, Bolick was subject to a blanket policy prohibiting all men undergoing reception and evaluation from leaving their cells for physical exercise, citing safety concerns regarding intermingling before risk assessment. Bolick was unable to perform the in-cell exercises provided in a pamphlet due to his physical limitations and the cramped conditions of his cell. He filed multiple requests for out-of-cell exercise, which were denied, leading to worsening physical and mental health conditions including muscle atrophy, bedsores, and suicidal ideation. Bolick sued under 42 U.S.C. § 1983, alleging violations of his Eighth Amendment right to humane conditions of confinement against the local Kirkland officials and the SCDC Director. The district court granted summary judgment for all defendants, but Bolick appealed only the ruling regarding the deprivation of out-of-cell exercise.
Judge Berner, writing for the panel, analyzed the Eighth Amendment claim under the two-prong test of objective seriousness and subjective deliberate indifference. The court found that the deprivation of out-of-cell exercise for over ten months was objectively sufficiently serious given Bolick's physical condition and the resulting harm. The court rejected the officials' argument that generalized safety concerns justified a total ban, noting that penological justifications must be particularized to the individual and that no evidence showed Bolick posed a specific security risk. Furthermore, the court held that the in-cell exercise pamphlet was not a viable alternative for Bolick due to his disabilities and cell size. Regarding the subjective prong, the court found that the officials knew of Bolick's complaints and physical condition yet continued to deny exercise, creating a genuine issue of material fact as to whether they consciously disregarded a substantial risk of serious harm. On qualified immunity, the court ruled that the right to out-of-cell exercise was clearly established by precedent, meaning the officials could not claim they were unaware their conduct was unconstitutional. However, regarding the SCDC Director, the court affirmed summary judgment because Bolick failed to provide evidence that the Director had actual or constructive knowledge that the policy posed a widespread risk of constitutional injury, a necessary element for supervisory liability.
The case is remanded to the district court for trial against the local Kirkland officials regarding the Eighth Amendment claim for inhumane conditions of confinement. The dismissal of the claim against the SCDC Director remains in effect, limiting the scope of liability to the direct supervisors who enforced the policy. The decision reinforces that blanket policies denying exercise to intake prisoners with disabilities are likely unconstitutional and that qualified immunity does not shield officials when the right to exercise is clearly established.
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