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Cruel and unusual punishment

Sep 26, 2012

Civil Rights — cruel and unusual punishment

10-3391 Gruenberg v. Gempeler

Sep 14, 2012

Civil Rights — cruel and unusual punishment

11-2950 Kress v. CCA of Tennessee LLC

Mar 28, 2012

Civil Rights — cruel and unusual punishment

11-2811 Prude v. Clarke

Dec 30, 2011

Sentencing – forfeiture — cruel and unusual punishment

10-3967 U.S. v. Malewicka

Jun 28, 2011

2010AP1407 State v. Johnson

Sentencing Cruel and unusual punishment

May 23, 2011

09-1233 Brown v. Plata

Constitutional Law Cruel and Unusual Punishment A court-mandated population limit is necessary to remedy the violation of prisoners’ constitutional rights and is authorized by the PLRA. The evidence supports the three-judge court’s finding that “no other relief [would] remedy the violation,” §3626(a)(3)(E)(ii). The State’s claim that out-of-state transfers provide a less restrictive alt[...]

May 20, 2011

2008AP1139 State v. Ninham

Constitutional Law Cruel and unusual punishment Sentencing a 14-year-old to life imprisonment without the possibility of parole for committing intentional homicide is not categorically unconstitutional. “We arrive at our holding by applying the two-step approach employed by the United States Supreme Court, most recently in Graham v. Florida, 130 S. Ct. 2011 (2010). First, we […]

Jan 19, 2011

10-1013 Smith v. Peters

Civil Rights Cruel and unusual punishment Where a prisoner alleges he was forced to work outdoors in winter without proper clothing, his civil rights suit should not have been dismissed. “The ‘usual discomforts of winter’ to which the district judge referred do not include handling heavy tools with gloveless hands in subzero weather. Our prison […]

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