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Seventh Circuit Allows Prisoner’s Eighth Amendment Claim to Proceed
Loaded on Nov. 7, 2017
by Christopher Zoukis
published in Prison Legal News
November, 2017, page 56
Filed under:
Eighth Amendment.
Location:
Illinois.
by Christopher Zoukis
The Court of Appeals for the Seventh Circuit has reversed a district court’s ruling that a former prisoner’s Eighth Amendment claim of cruel and unusual punishment could not go forward. The appellate court did, however, uphold the dismissal of a First Amendment claim.
Seyon R. Haywood accused ...
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More from this issue:
- Five Years after Implementation, PREA Standards Remain Inadequate, by Derek Gilna
- Cook County Jail Locked Down on Mother’s Day; Over 200 Workers Absent, by Monte McCoin
- Supreme Court Declines to Hear Case on Jail Booking Fees, by Christopher Zoukis
- Prisoners in Flint, Michigan Lied to About Water Crisis; Lawsuit Settles, by David Reutter
- Michigan Court Forced to End “Pay or Stay” Policy, by David Reutter
- Seventh Circuit Allows Prisoner’s Eighth Amendment Claim to Proceed, by Christopher Zoukis
- Former Utah Jail Commander Pleads Guilty to Misuse of Public Money, by Monte McCoin
- Concern over Use of Prisoners to Clear Homeless Camps in Washington, Oregon, by Lonnie Burton
- Eighth Circuit Reverses Finding of Due Process Violations in Minnesota Civil Commitment Program, by Matthew Clarke
- Georgia Prison Contraband Investigation Nets 130 Arrests, Guilty Pleas, by David Reutter
- Missouri Has Difficulty Retaining Provider for Execution Drugs, by David Reutter
- $6.5 Million to Family of Wash. Diabetic Prisoner Who Died
- Wife of President Trump’s Ethics Attorney Caught Having Sex with Prisoner, by Monte McCoin
- Lawsuit Over 22 Years of Continuous Segregation Reinstated by Second Circuit, by Lonnie Burton
- $100,000 Damages Award in Jail Slip-and-Fall Upheld, by Matthew Clarke
- $250,000 Paid By Virginia Jail to Settle Deaf Prisoner Suit
- Obama Publishes Commentary on Criminal Justice Reform in Harvard Law Review, by Christopher Zoukis
- Fourth Circuit Reverses Dismissal of Deaf Prisoner’s Civil Rights Claim, by Derek Gilna
- Oregon Prison Guard Freed on Sex Charge, Victim Detained as Material Witness
- $1.2 Million to Settle with Rikers Island Rape Victims, by Derek Gilna
- Former Sheriff Arpaio Guilty of Criminal Contempt, Receives Presidential Pardon, by Joe Watson
- Nevada Supreme Court Holds Habeas Petition Not Mooted by End of Sentence
- Westboro Baptist Church Members Continue to Work in Corrections, by Matthew Clarke
- Colorado Narrowly Rejects Ballot Measure to End Slavery as Punishment for Crime, by Matthew Clarke
- Community Funds, Federal Legislation Challenging Bail System from Different Angles, by Christopher Zoukis
- Lawsuit Alleges Four Oregon Prisons Served Food “Not for Human Consumption”, by Monte McCoin
- DOJ Applauds Pennsylvania’s Commitment to Treatment for Mentally Ill Prisoners, by David Reutter
- The Elusive Dream: Closing Rikers Island, by Matthew Clarke, David Reutter
- Washington Supreme Court Reverses Prisoner’s Parental Termination Order, by Lonnie Burton
- Wiccan Prisoner Wins Injunction to Wear Medallion; Case Settles on Remand, by David Reutter
- Michigan Sheriff Settles PLN Censorship Suit for $295,000, by Derek Gilna
- Alabama DOC: Partial Settlement on ADA, Mental Health Claims; $1 Million in Attorney Fees Awarded, by David Reutter
- Florida Prisoners Denied Hernia Surgery Reach $2.1 Million Settlement, by David Reutter
- Arrested Texas Jail Nurse Refused to Test Blood Sugar of Prisoner Who Died, by Matthew Clarke
- Tenth Circuit Holds Jail Guard May be Liable for Prisoner-on-Prisoner Assault
- President of New York City Guards’ Union Faces Corruption Charges, by David Reutter
- Federal Halfway House Closures Threaten to Extend Prison Time, Delay Reentry, by Derek Gilna
- Reform of Florida’s Criminal Justice Laws Urged, by David Reutter
- Climate Refugees in Toxic Immigrant Jails Are Victims of Environmental Racism, by Candice Bernd
- Fatal Tasering at North Carolina Jail Results in $350,000 Settlement, Investigation
- From the Editor, by Paul Wright
- $285,000 Settlement in Wrongful Death Suit Against Ohio Jail
- Global Tel*Link Fails to Derail Prison Phone Suit but Dodges Class Certification, by Derek Gilna
- News in Brief
More from Christopher Zoukis:
- The Contraband Wars Prison authorities target books and mail, miss the goods coming through the staff door, July 1, 2021
- Trump v. Biden on Criminal Justice, Oct. 1, 2020
- Coronavirus in Prison: The Cruel Reality, Aug. 1, 2020
- With Lives of Immigrant Detainees at Risk to COVID-19, Federal Judge Forces ICE’s Hand, July 1, 2020
- A Nation on the Brink, June 15, 2020
- Federal Court Slams Michigan Jail for Bungling COVID-19 Pandemic, Demands Names of Vulnerable Prisoners for Release, June 1, 2020
- Silence: The Bureau of Prisons’ Pathetic Response to the COVID-19 Pandemic, June 1, 2020
- New York Judge Orders Release of 18 Rikers Island Detainees Due to COVID-19 Risk, June 1, 2020
- Coronavirus: A Nationwide Survey of the Push for Early Release as Pandemic Fears Grow, May 1, 2020
- California Three-Judge Court Denies Emergency Motion to Reduce Prison Population During Pandemic, May 1, 2020
More from these topics:
- Sixth Circuit Refuses Michigan Prisoner’s Excessive Force Claim Despite Guard’s Conviction for Battery, April 1, 2024. Jail Misconduct, Eighth Amendment, Guard Brutality/Beatings, State Law Claims, Immunity - Absolute and Qualified.
- 11th Circuit Tells Sexually Assaulted Transgender Georgia Prisoner: PREA Violations Aren’t Per Se Eighth Amendment Violations, Oct. 27, 2022. Sexual Assault, Eighth Amendment, Prison Rape Elimination Act, Discrimination (Transgender).
- Seventh Circuit Reiterates That Threats and Withholding Grievance Forms Render Administrative Remedies Unavailable to Prisoner, July 15, 2022. Retaliation for Filing Grievances, Failure to Protect (General), Eighth Amendment.
- Eighth Circuit Reinstates Arkansas Prisoner’s Claim Over DOC’s Failure to Maintain Hearing Aids, July 15, 2022. Correct Care Solutions, Hearing, Failure to Treat, Malpractice, Eighth Amendment, Americans with Disabilities Act.
- Federal Judge in Louisiana Issues Sweeping Opinion Finding Numerous Eighth Amendment, ADA and RA Violations at Angola, April 1, 2022. Eighth Amendment, Americans with Disabilities Act, Rehabilitation Act.
- San Luis Obispo County Jail Conditions Violate Eighth and Fourteenth Amendments, Dec. 1, 2021. Private Contractors, Eighth Amendment, Fourteenth Amendment, rights.
- Indiana Supreme Court Applies Recently Announced Proportionality Framework for In Rem Fines and Holds Forfeiture of $35,000 Land Rover Grossly Disproportionate to Underlying Offense in Violation of Eighth Amendment, Ending 7-Year Saga, Sept. 15, 2021. Eighth Amendment, Seizure of Prisoner Funds.
- Pinellas County, Florida Sheriff’s Office Sued in Federal Court for Treatment of Transgender Prisoner, Feb. 1, 2021. Eighth Amendment, Discrimination (Transgender), Failure to Protect (Transgender).
- Eighth Circuit Affirms Habeas Relief, Finds Arkansas Supreme Court Wrongly Denied Defendant’s Self-Representation Request, Jan. 15, 2021. Eighth Amendment, Habeas Corpus, Self-representation.
- Tougher Than the Rest: No Criminal Justice Reform “Miracle” in Texas, Jan. 1, 2021. Criminal justice system reform, Food, Eighth Amendment, Water, Exposure to Heat, Effects of Mass Incarceration.