James K. Cannon v. Loudon County, Tennessee et al. - Concurring

I agree completely with the excellent opinion authored by Judge Lee. I write separately to emphasize what I believe is the most important aspect of this case: the plaintiff, as an incarcerated person, had no place to go, i.e., he could not leave the recreation room to completely avoid the water problem! He was “trapped” along with the seven or eight other inmates in the room. This event happened at night when the sleeping mats of the inmates obviously covered a portion of the floor, thereby further reducing the walking area. I am sure – as the dissent emphasizes – that there was some light in the room; but it obviously wasn’t lighted to the full extent. In the evening, the room was a sleeping area, not a recreation room.