Wallis

Following inmate Clarence Richard Wallis’ assignment to a prison work detail required to clean prison attics without any protection from exposed asbestos, Wallis brought a 42 U.S.C. § 1983 action for damages against defendants individually and in their official capacities as employees of the Eastern Oregon Correctional Institution (“EOCI”). Wallis now appeals the district court’s grant of summary judgment in favor of defendants. We reverse and remand for trial.

I.

The evidence favorable to the plaintiff reveals that between August 13, 1991 and August 27, 1991, inmate Wallis was assigned to a prison work detail required to clean the attics of E, F, and G wings of the EOCI main building. The attics housed pipes covered with insulation containing asbestos. The asbestos-containing insulation on the pipes had been damaged when the building had been reroofed in the spring of 1991. During the reroofing, some of the insulation material had broken loose and lay scattered around the attic with debris from the reroofing. During an inspection following the reroofing, the state fire marshal had ordered the removal of the “material” hanging from the pipes.

As part of their cleaning…