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Claims Regarding Conditions in State Prison Were Sufficient to Survive Summary Judgment
Loaded on April 15, 1992
published in Prison Legal News
April, 1992, page 2
On December 30th the U.S. Court of Appeals for the Fourth Circuit provided some illumination as to what sort of allegations by an inmate regarding allegedly unconstitutional prison conditions are adequate to withstand a motion by prison officials for summary judgment. In so doing, the court decided that a North …
Filed under:
Overcrowding,
Eighth Amendment,
Shelter,
Civil Procedure,
Summary Judgment.
Location:
North Carolina.
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More from this issue:
- Cross Gender Pat Search Policy Upheld
- Qualified Immunity Granted in Digital Rectal Searches
- Claims Regarding Conditions in State Prison Were Sufficient to Survive Summary Judgment
- Prisoners' Participation in Work, Training Reduces Recidism, Improves Behavior
- The Death of HB 2834
- Corrections Costs to Soar, Study Warns, by Ed Penhale
- Complaint Should Not Be Dismissed for not Complying with Local Rule
- Mass Graves Found in Venezuelan Prison
- Son of Sam Law Struck Down
- PLN Reader Sends ACLU Finger
- In Memory-Farewell Brother Riegle, by John Perotti
- Lifers Litigation Update, by John Midgley
- Guard Liable for Hitting Prisoner
- Court Reporters Entitled to Absolute Immunity
- Prisoner Entitled to Discover Identity of Attackers
- Law Would Let Prison Mothers Keep Kids
- Counsel Appointed in Denial of Telephone, Beating Claim
- CBCC Publisher Only Rule Upheld on Qualified Immunity Grounds
- Editorial, by Paul Wright
- Informant Testimony Must be Independently Weighed
- Feds Seek $2.2 Billion for Federal Prisons
- Counsel Should Be Appointed in Religious Suit
- U.S. Murder Rate Increases Again
- NY Prisoner Has Due Process Right to Remain In Population
- Information on Visiting Needed
- Some Thoughts on Crime and Punishment Rates, by Ed Mead
- Test for Appointed Counsel on 1983 Suits
- PLN Benefit Tape
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- Alabama Barred from Executing Prisoner by Nitrogen Hypoxia, July 1, 2026. Totality of Conditions, Eighth Amendment, Death Penalty, Cruel and Unusual Punishment, Wrongful Use of Force.
- Oregon Supreme Court: Jail Credit Statute Focuses Upon Legal Custody Not Physical Custody Location, July 1, 2026. Civil Procedure, Sentencing, Appeals/Appellate Jurisdiction, Criminal Justice, Statutory Construction/Interpretation.
- North Texas Prison Evacuated After Carbon Monoxide Leak, July 1, 2026. Toxic Fumes/Chemicals, Eighth Amendment, Exposure to Cold, Water, Exposure to Heat.
- Multiple Detainees Escape from Dilapidated North Carolina Jail, July 1, 2026. Guard Misconduct, Failure to Protect (General), Overcrowding, Staffing, Jail Specific, Security Systems, Criminal Justice, Prison Conditions.
- Wisconsin State Prison Population Approaches Record High, July 1, 2026. Statistics/Trends, Overcrowding, Staffing, Pardons/Clemency, Reduction of Prison Population.
- Seventh Circuit Reinstates Illinois Prisoner’s Lawsuit Against Prison Dental Staff, June 1, 2026. Dental Care, Administrative Exhaustion (PLRA), Summary Judgment, Class Certification, Deliberate Indifference.
- Colorado DOC Allows Some Prisoners Convicted of Sex Crimes to be Released While Delaying Parole Consideration for Others, June 1, 2026. DOC/BOP misconduct, Overcrowding, Rehabilitation/Recidivism, Sex Offender Treatment, De Facto Life Sentence.
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