42 U.S.C. § 1983 Claim For Cruel And Unusual Punishment

21 Florida cases classified under this topic · sorted by citation count · browse and sort

• Unwin v. Police Officer Robert Campbell
  863 F.2d 124· 1st Cir.· 1988-12-09 ·cited 74×
  The dissent argues that interlocutory appeals for qualified immunity should not extend to purely factual determinations of evidence sufficiency.
• Rudolph v. Campbell, Jr.
  831 F.2d 700· 7th Cir.· 1987-09-09 ·cited 39×
  The court affirmed the jury's verdict, finding that any errors in admitting evidence or instructing the jury were not material.
• Vosburg v. Solem
  845 F.2d 763· 8th Cir.· 1988-04-27 ·cited 26×
  The Eighth Circuit affirmed the jury's verdict awarding the plaintiff $10,000 on his section 1983 claim, finding sufficient evidence that prison officials acted with reckless disregard of the plaintiff's right to protection from sexual assault. The court also affirmed the award o
• Crayton E. McELVEEN, Jr. v. Cnty. OF Prince William
  725 F.2d 954· 4th Cir.· 1984-01-26 ·cited 24×
  The court held that the good-faith immunity standard for government officials includes both subjective and objective elements, and that the jury's award of compensatory damages was supported by substantial evidence.
• Isiah Carl Green v. Estelle
  649 F.2d 298· 5th Cir.· 1981-06-29 ·cited 18×
  The court held that dismissing a prisoner's complaint as 'malicious' solely because a prior, distinct complaint was pending was error, and requiring a prisoner to pay 40% of his assets for filing fees was an abuse of discretion.
• Knecht v. Gillman
  488 F.2d 1136· 8th Cir.· 1973-12-05 ·cited 18×
  The court held that the involuntary administration of apomorphine, causing vomiting, constitutes cruel and unusual punishment under the Eighth Amendment, but its use with knowing and intelligent consent is permissible under specific guidelines.
• Bailey v. Wood
  909 F.2d 1197· 8th Cir.· 1990-07-31 ·cited 16×
  The court held that there was insufficient evidence to show the Warden acted with deliberate indifference or reckless disregard for the inmate's safety, thus reversing the jury's verdict.
• Bass v. Sullivan
  550 F.2d 229· 5th Cir.· 1977-04-07 ·cited 13×
  The court held that the prisoner's treatment, while potentially malpractice, did not rise to the level of deliberate indifference to serious medical needs required for a constitutional violation under 42 U.S.C. § 1983.
• R.A. Street v. Fair
  918 F.2d 269· 1st Cir.· 1990-11-02 ·cited 12×
  The court held that the district court's sua sponte dismissal of the inmate's pro se complaint was precipitous and vacated the judgment.
• Rodgers v. C.E. Thomas
  879 F.2d 380· 8th Cir.· 1989-07-13 ·cited 12×
  The court held that the plaintiff presented insufficient evidence to support claims of procedural due process violations and cruel and unusual punishment.
• Flint v. Louie L. Wainwright
  433 F.2d 961· 5th Cir.· 1970-10-29 ·cited 12×
  Federal courts will not interfere with state prison administration regarding medical care unless there is an abuse of discretion.
• Haynes v. Marshall
  887 F.2d 700· 6th Cir.· 1989-10-12 ·cited 8×
  The court held that the defendants were not entitled to qualified immunity on the Section 1983 claim, but the district court erred in exercising pendent jurisdiction over the state wrongful death claim because Ohio law requires a prior determination of immunity by the Ohio Court
• Brown v. Officer Bigger
  622 F.2d 1025· 10th Cir.· 1980-06-10 ·cited 8×
  The court held that while the inmate's action was not barred by the statute of limitations, the dismissal was proper because the guards' actions did not constitute cruel and unusual punishment.
• O'Bar v. J.C. Pinion, Sr.
  953 F.2d 74· 4th Cir.· 1991-12-04 ·cited 6×
  The court held that the state officials did not violate the inmate's constitutional rights by removing him from a work release program based on concerns for public safety, and thus were entitled to qualified immunity.
• Gaut v. Sunn
  810 F.2d 923· 9th Cir.· 1987-02-20 ·cited 3×
  Prison beatings that shock the conscience are actionable under 42 U.S.C. § 1983, but a mere threat of bodily harm, even to deter legal action, is not.
• Smith v. Aldingers
  999 F.2d 109· 5th Cir.· 1993-08-27 ·cited 2×
  The court held that the district court erred in dismissing the inmate's Eighth Amendment claim as frivolous because the claim alleged a personal deprivation of constitutional rights based on psychological injury from a threat.
• Duane v. Lane
  959 F.2d 673· 7th Cir.· 1992-04-01 ·cited 2×
  The court held that the plaintiff failed to establish deliberate indifference, which is a necessary element for an Eighth Amendment claim under 42 U.S.C. § 1983.
• McCORD v. Maggio
  910 F.2d 1248· 5th Cir.· 1990-09-07 ·cited 2×
  The court held that the prisoner's claims regarding denial of due process and medical care were properly dismissed, but the claim regarding conditions of confinement requires further factual findings.
• Haywood Emmanuel Penny v. Shansky
  884 F.2d 329· 7th Cir.· 1989-09-13
  The court held that the magistrate erred in dismissing the prisoner's suit for failure to appear at a hearing without prior warning or request from the defendant.
• Rudd v. W.H. Sargent
  866 F.2d 259· 8th Cir.· 1989-01-25
  The court held that the disciplinary report's statements constituted 'some evidence' sufficient to support the finding of guilt for the Rule 5A violation, satisfying due process requirements.
• Thurman Lewis v. Robert Cooper & Richard Mulherin
  771 F.2d 334· 7th Cir.· 1985-09-03
  The court held that the evidence was sufficient to support the jury's verdict that the prison guards were deliberately indifferent to the inmate's serious medical needs, and that any defects in the jury charge were waived.