Civil Rights — cruel and unusual punishment — deliberate indifference — jury instructions
10-3687 Cotts v. Osafo
Constitutional Law — cruel and unusual punishment — medical needs — deliberate indifference
2011AP501 Kaufman v. Boston, et al.
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[...]
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 […]
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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