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Second Circuit: Federal Prisoner States Conditions of Confinement Claim
Loaded on May 19, 2014
by David Reutter
published in Prison Legal News
May, 2014, page 21
Filed under:
Failure to Protect (General),
Overcrowding,
Eighth Amendment,
Exposure to Cold,
Sanitation,
Hygiene Supplies,
Exposure to Heat.
Location:
New York.
Second Circuit: Federal Prisoner States Conditions of Confinement Claim
by David Reutter
The Court of Appeals for the Second Circuit held that a federal prisoner sufficiently stated a claim alleging the conditions of his confinement violated the Eighth Amendment.
The case involved an appeal from a New York ...
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More from this issue:
- DC Circuit: Federal Prisoner not Limited to Seeking Relief via Habeas Corpus, by Michael Brodheim
- Philadelphia Sued Over Rejection of Ad Criticizing U.S. Incarceration Policies, by Michael Brodheim
- California: Surety Entitled to Exoneration of Bail Bond Forfeited as a Result of Defendant’s Deportation, by Michael Brodheim
- High-Ranking Illinois Prison Official Fired due to Criminal History
- Seventh Circuit: Prisoner with Back Condition Stated Claim for Fall from Upper Bunk, by Michael Brodheim
- Liberty Interest Necessary to Trigger Arkansas Judicial Review, by Mark Wilson
- Report: Increase in Federal Prison Population, Overcrowding, by Derek Gilna
- Kansas: Prison Healthcare Officials Engaged in Continued Deliberate Indifference, by Robert Warlick
- D.A. Drops Charges Against Oklahoma Parole Board Members, by Christopher Zoukis
- Washington County Jail Remains Closed after Voters Reject Tax Hike
- Pennsylvania Warrantless, Suspicionless Search Probation Condition Held Invalid, by Mark Wilson
- Idaho Supreme Court Vacates Summary Judgment for Pepper Spray Manufacturer, by Mark Wilson
- Lawsuit Against Missouri Jail Proceeds as Two Guards Plead Guilty
- No “Reasonable Efforts” to Reunite Oregon Sex Offender with His Son, by Mark Wilson
- Reports on Elderly Prisoners Spur Call for Reforms
- States Adopt Sentencing Changes Following Supreme Court Ruling on Juvenile Lifers
- Prison Education Programs Threatened, by Matthew Clarke
- Oregon PPS Sanctions May Not Exceed 180 Days; Prior Contrary Ruling Overturned, by Mark Wilson
- California Prison Regulation Governing Gang Validation Upheld by Ninth Circuit, by Michael Brodheim
- Wisconsin DOC Equips Guards with Pepper Spray, Tasers
- Cancellation of BOP Elderly Offender Pilot Program Moots Appeal, by Michael Brodheim
- Research Finds that Conjugal Visits Correlate with Fewer Sexual Assaults
- Oregon Judge Scolded for Courtroom Rant, by Mark Wilson
- Pay Tel Receives Waiver of Prison Phone Rate Caps
- Connecticut Town Raises Stink Over Sewage Discharged by State Prison
- California: Trial Court Cannot Abdicate its Responsibility to Examine Peace Officer Personnel Records, by Michael Brodheim
- Massachusetts: Order Relieving Sex Offender of Registration Not Vacated Upon Probation Violation, by David Reutter
- Warden Granted Qualified Immunity for Two-year Visitation Suspension, by David Reutter
- Former Colorado DOC Official Pleads Guilty to Felony Menacing Charges
- Witness Protection Program Termination Unreviewable; 188 Days in SHU Triggers Due Process Protections, by Mark Wilson
- Second Circuit: Federal Prisoner States Conditions of Confinement Claim, by David Reutter
- Seventh Circuit Clarifies Standard for Recruiting Counsel in Pro Se Cases, by David Reutter
- North Dakota Courtroom Shackling Requires Independent Assessment by Judge, by Mark Wilson
- California Improves Compensation Process for Wrongfully Convicted Prisoners
- Florida Prison System Ordered to Provide Kosher Meals
- Book Review: Banking and Financial Management Course (1st Ed.), by Prisoner Assistant, by Gary Hunter
- California: Sexually Violent Predators May be Conditionally Released from Custody Even if Homeless, by Michael Brodheim
- Ninth Circuit: County May be Liable for Wrongful Conviction Even if District Attorney Enjoys Absolute Immunity
- Seventh Circuit Reverses Dismissal of Prisoner’s 99-Page Complaint, by Mark Wilson
- Massachusetts DOC, Hospital Officials Disciplined in Prisoner’s Death, by Derek Gilna
- From the Editor, by Paul Wright
- News in Brief
- A Home of Their Own, by Lisa Riordan Seville
More from David Reutter:
- Philadelphia Agrees to $9.1 Million Settlement for Wrongful Murder Conviction, Feb. 15, 2025
- ‘Fictional Pleas’ and ‘Hidden Departures’: Failure to Collect Data on Binding Federal Plea Bargains Hinders Researchers, Feb. 15, 2025
- First Circuit: Two-Level Enhancement Under § 3B1.1(c) for Leadership or Managerial Role Vacated Because Government Failed to Prove Defendant’s Order Was Actually ‘Obeyed’ by Fellow Criminal Participant, Feb. 15, 2025
- Texas Court of Criminal Appeals Holds Witness Wearing Surgical Mask During Pandemic Is Denial of Sixth Amendment Right to Face-to-Face Confrontation and No General Exception to This Right for Pandemic or ‘Other Global Events’ Such as Wars and Natural, Feb. 15, 2025
- The Murky Waters of Parole, Feb. 1, 2025
- California Prisoner Awarded Over $1.26 Million in Suit Challenging Withheld Legal Mail Which Resulted in Habeas Loss, Jan. 15, 2025
- Muslim New York Prisoner’s Free Exercise of Religion Claim Reinstated, Jan. 15, 2025
- Fourth Circuit: Baltimore County Prisoners May Qualify as Employees under FLSA, Jan. 15, 2025
- In Failure-to-Treat Claims, Wellpath Denied Dismissal in Virginia, Settles in Pennsylvania, Dec. 15, 2024
- Trends Show Mortality Risks Increase with Higher Jail Turnover Rates, Dec. 15, 2024
More from these topics:
- En Banc Fifth Circuit Reverses Panel, Holds Mississippi Felon Disenfranchisement Does Not Violate Eighth Amendment, March 1, 2025. Eighth Amendment, Felon Disenfranchisement Statute.
- No Evacuations for Los Angeles Prisoners in Wildfire’s Path, March 1, 2025. Failure to Protect (General), Fire Hazards.
- Fourth Circuit Reinstates North Carolina Prisoner’s Failure-to-Protect Claim Against Guard in Stabbing, Feb. 15, 2025. Guard Misconduct, Failure to Protect (General), Protective Custody, Official Investigation.
- Sixth Circuit Revives Challenge by Kentucky Prisoner Left Three Weeks in “Rancid” Paper Undershorts, Feb. 15, 2025. Informants, Clothing, Sanitation, Summary Judgment, Deliberate Indifference.
- Florida Prisoners Sue Over Deadly Heat, Feb. 15, 2025. Exposure to Heat, Failure to Protect (Wrongful Death).
- USDC (D. Oregon), Case No. 6:22-cv-00451, Feb. 15, 2025. Guard Misconduct, Prison Gangs, Failure to Protect (General), Guard Brutality/Beatings, Settlements.
- Seventh Circuit Offers Wisconsin Prisoner Just a Little Help in Suit Alleging He Was Held in Feces-Stained Cell Without Water, Feb. 15, 2025. Sewage, Water, Sanitation, Summary Judgment.
- Suits Filed Over Dehydration Deaths at Two Texas Jails, Jan. 15, 2025. Failure to Protect (General), Water, Settlements, Medical Neglect/Malpractice, Failure to Treat (Mental Illness).
- Second Rapper Stabbed in Atlanta Jail During Record-Long Trial, Jan. 15, 2025. Prison Gangs, Overcrowding, Speedy Trial Clock - Tolling of, Civil Rights Violations.
- $22,000 Jury Award for Unsanitary Conditions at Virginia Jail, Dec. 15, 2024. Sanitation, Settlements.