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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
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- 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
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- News in Brief
More from Christopher Zoukis:
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- 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:
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- Ongoing Detainee Deaths Push Rikers Island into Federal Court Receivership, July 15, 2025. Totality of Conditions, Failure to Protect (General), Fire Hazards, Overcrowding, Eighth Amendment, Staffing, Environmental Law, Plumbing, Sewage, Jail Specific.
- Long-Running Consent Decree Again Extended at Troubled Baltimore Jail, June 1, 2025. Totality of Conditions, Eighth Amendment, Prison Conditions.
- 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.
- Texas Prison Heat Declared Unconstitutional, May 1, 2025. Eighth Amendment, Exposure to Heat, Preliminary Injunctions/TRO's, Cruel and Unusual Punishment.
- Eighth Circuit: Arkansas Prisoner Who Had Consensual Sex With Guard Cannot Sustain Eighth Amendment Claim, April 1, 2025. Eighth Amendment.
- En Banc Fifth Circuit Reverses Panel, Holds Mississippi Felon Disenfranchisement Does Not Violate Eighth Amendment, March 1, 2025. Eighth Amendment, Felon Disenfranchisement Statute.
- $100,000 Settlement Reached in New York Prisoner’s Solitary Confinement Suit, After Jury for First Time Finds Practice Violates Eighth Amendment, March 1, 2025. Eighth Amendment, Settlements, Control Units/SHU/Solitary Confinement.
- 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).