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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:
- 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
- Massachusetts Supreme Judicial Court Holds Motion Judge Abused Discretion by Denying Evidentiary Hearing on IAC Claim Where Plea Counsel’s Affidavit Was Not Inherently Inconsistent With Colloquy Statements Regarding Immigration Advice, March 1, 2026
- Washington Supreme Court Clarifies Double Jeopardy Analysis for Multiple Assault Convictions, Holding That Assaultive Acts Occurring Over Short Time Period in Same Location Without Intervening Events Constitute Single Course of Conduct, March 1, 2026
- New Jersey Supreme Court Reverses Drug Convictions Under Cumulative Error Doctrine, Holding Combined Effect of Improper References to Television Series, Gun Violence, and Search Warrants Deprived Defendant of Fair Trial, March 1, 2026
- New York Court of Appeals Announces Coercive Police Tactics Compelling Suspect to Exit Home Constitute “Constructive Entry” Violating Payton, Holds Attenuation Analysis Applies to Third-Party Consent, March 1, 2026
More from these topics:
- ACLU Threatens New Lawsuit After Indiana County’s Repeated Failures to Abide by 17-Year-Old Settlement Agreement, May 1, 2026. Overcrowding, Exercise, Sanitation, Bedding, Settlements.
- Atlanta Jail Boasts Improvements Since Consent Decree, Reports from Monitor and ACLU Are More Critical, May 1, 2026. Staffing, Sanitation, Guard Brutality/Beatings, Consent Decrees, Bail/Pretrial Release.
- Fourth Circuit Revives North Carolina Prisoner’s Suit Blaming Lazy Guards for Assault by Detainee, May 1, 2026. Failure to Protect (General), Qualified Immunity, 42 U.S. Code § 1983, civil action for deprivation of rights, Cruel and Unusual Punishment, Deliberate Indifference.
- $9.8 Million in Settlements Reached with South Carolina County and Wellpath in Gruesome Jail Death, May 1, 2026. Failure to Treat, Sanitation, Medical Neglect/Malpractice, Failure to Treat (Mental Illness), Deliberate Indifference.
- New York Juvenile Detention Officials Sued for Abusing Adolescents with Solitary Confinement, May 1, 2026. Sanitation, Lockdowns, Control Units/SHU/Solitary Confinement, Juvenile Prisons, Confinement in Segregated Housing.
- New Hampshire Officials Halt $700 Million Prison Replacement, May 1, 2026. Cost of Prison Systems, Totality of Conditions, Plumbing, Sanitation, Vermin.
- Texas Officials Testify That Cost to Air Condition Prisons Tops $1.5 Billion, May 1, 2026. Eighth Amendment, Exposure to Heat, Administrative Exhaustion (PLRA), Deliberate Indifference, Prison Litigation Reform Act (PLRA).
- Faced with Record-Breaking Jail Deaths, L.A. County Supervisors Tell Sheriff’s Department to Improve Access to Naloxone, Camera Monitoring, and Security Checks at California Jail, May 1, 2026. Drug Overdose, Overcrowding, Sanitation, Medical Neglect/Malpractice, Failure to Treat (Mental Illness).
- $1.25 Million Paid for Special Needs Teen’s Fatal Beating in Houston Jail, May 1, 2026. Prisoner-Prisoner Assault, Failure to Protect (General), Failure to Protect (Wrongful Death), Failure to Treat (Mental Illness), Cruel and Unusual Punishment.
- Seventh Circuit Upholds Liability but Reverses Damages in Lawsuit Over Illinois Warden and Investigator Using Prisoner as Bait to Catch Staff Member Raping Her, May 1, 2026. Staff-Prisoner Assault, Failure to Protect (General), Damages, Evidentiary Ruling, Cruel and Unusual Punishment.

