Judge John Curtin

Baskerville, proceeding pro se, sued for money damages pursuant to 42 U.S.C. §1983 based on alleged unconstitutional conditions of his confinement as an inmate in the care and custody of the New York State Department of Corrections and Community Supervision at Five Points Correctional Facility. Upon review of the evidence, the court found that the record provided a basis for a reasonable jury to conclude that Baskerville’s medical condition was sufficiently serious to establish the objective component of his claim, but Baskerville also had to establish the subjective component by showing that each of the prison officials charged with deliberate indifference acted "with a sufficiently culpable state of mind…." The court found that the evidence in the record was insufficient as a matter of law for a reasonable jury to find that in considering plaintiff’s request for a lower bunk, any of the defendants acted with "criminal recklessness," "deliberate indifference," or on the basis of anything other than professional opinion when they reached their opinion after reviewing the available medical records, as required under the institutional rule and regulations. Accordingly, defendants’ motion for summary judgment was granted.