×
You've used up your 3 free articles for this month. Subscribe today.
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 ...
Full article and associated cases available to subscribers.
As a digital subscriber to Prison Legal News, you can access full text and downloads for this and other premium content.
Already a subscriber? Login
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:
- Texas Court of Criminal Appeals Announces Order of Deferred Disposition Not a ‘Sentence’ Under Article 44.01(b)—Which Authorizes State to Appeal Illegal Sentence—Resolving Split Among State Courts of Appeals, April 15, 2025
- Fifth Circuit: Sentence Enhancement for Maintaining Drug Premises Not Satisfied Solely by Defendant’s Single, Conclusory Statement That He ‘Maintained’ Premises When Record Shows Mere ‘Use’ of Premises, April 15, 2025
- Illinois Pretrial Incarceration Becomes Less Random A Year After Elimination of Cash Bail, April 1, 2025
- 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
More from these topics:
- Former Wisconsin Warden Gets No Cell Time, $500 Fine After Prisoner Deaths, June 1, 2025. Misconduct/Corruption, Guard Misconduct, Failure to Protect (General).
- Study Finds Just 1% of Prisoner’s Eighth Amendment Claims Succeed, May 1, 2025. Retaliation for Filing Grievances, Systemic Medical Neglect, Eighth Amendment, Administrative Exhaustion (PLRA), Cruel and Unusual Punishment.
- Los Angeles County Jails Record Almost One Death Every Nine Days, May 1, 2025. Overcrowding, Medical Neglect/Malpractice, Failure to Treat (Mental Illness).
- Texas Prison Heat Declared Unconstitutional, May 1, 2025. Eighth Amendment, Exposure to Heat, Preliminary Injunctions/TRO's, Cruel and Unusual Punishment.
- No State Oversight of Overcrowded, Understaffed, and Non-Compliant Idaho Jails, April 1, 2025. Overcrowding, Staffing.
- Eighth Circuit: Arkansas Prisoner Who Had Consensual Sex With Guard Cannot Sustain Eighth Amendment Claim, April 1, 2025. Eighth Amendment.
- TDCJ to Run Out of Beds in 2025, April 1, 2025. Cost of Prison Systems, Overcrowding, Staffing.
- Tenth Alabama Jail Employee Pleads Guilty in Detainee’s Freezing Death, April 1, 2025. Exposure to Cold, Failure to Protect (Wrongful Death), Medical Neglect/Malpractice, Control Units/SHU/Solitary Confinement.
- 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.