In this case, Smith's allegations regarding “raw sewage” do not rise to a level of constitutional significance. Smith alleges that he was subject to an overflowed toilet in his isolation cell from July 25 to July 29, 1992. He alleges that he was “made to endure the stench of [his] own feces and urine” for those four days.
Appendix at 222. Smith did not allege that he was exposed to disease or suffered any other consequences of the exposure. In support of their motion for summary judgment, the correctional officers stated by affidavit that Smith was offered an opportunity to flush the toilet and to clean up the mess but he declined. Smith did not dispute that point. Applying the
Bell v. Wolfish standard, we find, under the circumstances of this case, that the “raw sewage” allegation amounts to a
de minimis imposition and thus does not implicate constitutional concerns.