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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 …
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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:
- Tenth Circuit: Colorado Governor Unentitled to Eleventh Amendment Immunity on Claim Related to DOC Religious Policies, Aug. 1, 2026
- Michigan Appeals Court: Witnesses Cannot be Forced to Wear Jail Clothes at Trial, Aug. 1, 2026
- Sixth Circuit Affirms Denial of State-Law Qualified Immunity in Scabies Case, Aug. 1, 2026
- Fourth Circuit Revives Disabled Prisoner’s Claim for Denial of Out-of-Cell Exercise Time, Aug. 1, 2026
- Sixth Circuit Announces State-Law Exceptions to Appeal Deadlines Preserve “Pending” Status Under AEDPA, Holding Belated-Appeal Procedures Toll Federal Habeas Limitations Period, April 1, 2026
- Florida Supreme Court Announces Rule 3.170(f)’s Good-Cause Plea-Withdrawal Standard Does Not Apply at Post-Appeal Resentencing, April 1, 2026
- Colorado Supreme Court Announces Defendant Must Be Competent Before Undergoing Mental-Condition Examination Under § 16-8-107(3)(b), April 1, 2026
- California Court of Appeal Announces Plea Agreements Cannot Bar § 1172.1 Resentencing, Holds Merit-Based Denial of Petition Is Appealable, April 1, 2026
- Georgia Supreme Court Clarifies That Failure to Object to Ineligible Juror Does Not Constitute Waiver Unless Party Knew or Could Have Discovered Ineligibility Through Ordinary Diligence, April 1, 2026
- Washington State Guard’s Conviction Affirmed in Self-Inflicted Gunshot Wound Scheme, March 1, 2026
More from these topics:
- New York Ordered to Pay Prisoner $25,000 for Failing to Protect Him from Attack, Aug. 1, 2026. Failure to Protect (General), Defenses, Damages - Compensatory, Negligence/Reckless Endangerment, Deliberate Indifference.
- Airconditioning Failure at Troubled ICE Detention Center in New Jersey, Aug. 1, 2026. GEO Group/Wackenhut, Food, Water, Sanitation, Exposure to Heat.
- Detainees Overpower Guards to Take Control of a North Carolina Jail, Aug. 1, 2026. Prison Rebellion, Overcrowding, Staffing, Security Systems, Assaults on Staff.
- $3.25 Million Paid by Georgia After Prisoner Bakes to Death in Outdoor Recreation Cage, Aug. 1, 2026. Failure to Treat, Exposure to Heat, Settlements, Medical Neglect/Malpractice, Deliberate Indifference.
- Oklahoma County Jail Fails 12th Health Inspection, Aug. 1, 2026. Corrections Audits, Failure to Protect (General), Staffing, Sanitation, Bedding.
- Report Shows Pattern of Sexual Assaults in Santa Clara County Jail, Aug. 1, 2026. Staff-Prisoner Assault, Guard Misconduct, Jail Misconduct, Corrections Audits, Failure to Protect (General).
- $30,000 Settlement Reached in Virginia Jail Death That Put Richmond Lockup Under State Oversight, Aug. 1, 2026. Jail Misconduct, Failure to Protect (General), Staffing, 42 U.S. Code § 1983, civil action for deprivation of rights, Monell Liability.
- Colorado Governor Signs Bill to Expand Earned Time Credits and Other Measures, Aug. 1, 2026. Overcrowding, Overdetention, State Legislation, Credits, Reduction of Prison Population.
- Seventh Circuit Grants Qualified Immunity to Detectives Who Revealed Prisoner Was Informant, Denies Him Anonymity, Aug. 1, 2026. Failure to Protect (General), Physical Injury Rule, Qualified Immunity, Informants (Failure to Protect), 42 U.S. Code § 1983, civil action for deprivation of rights.
- Fourth Circuit Revives Disabled Prisoner’s Claim for Denial of Out-of-Cell Exercise Time, Aug. 1, 2026. Totality of Conditions, Eighth Amendment, Exercise, Summary Judgment, Qualified Immunity.