Does Defendant Vogel have a claim under the Eighth Amendment for extreme deprivation?
MultiRegion, United States of America
The following excerpt is from Estrada v. Tassey, Case No.: 1:13cv00919 DLB (PC) (E.D. Cal. 2013):
Defendant Vogel's verbal statements do not state a claim under the Eighth Amendment. Oltarzewski v. Ruggiero, 830 F.2d 136, 139 (9th Cir.1987). Similarly, his single act of threatening Plaintiff with his pepper spray can does not rise to the level of an extreme deprivation.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Can a plaintiff make a cognizable claim in an amended complaint alleging that officials deliberately deprived him of his right to exercise his Eighth Amendment rights? (MultiRegion, United States of America)
In what circumstances must a plaintiff identify as a defendant in an amended complaint alleging that defendants conspired to deprive plaintiff of federal constitutional or statutory rights? (MultiRegion, United States of America)
Does a claim that the district court erred by dismissing his Eighth Amendment claim because he did not allege that beef liver was nutritionally inadequate? (MultiRegion, United States of America)
What is the legal test for applying the Eighth Amendment standard to a claim made by a civil detainee under the Fourteenth Amendment? (MultiRegion, United States of America)
What is the test for a violation of the Eighth Amendment when there are not enough "necessities" to constitute an Eighth Amendment violation? (MultiRegion, United States of America)
Does petitioner have a cognizable claim against any defendant for violation of the Eighth Amendment? (MultiRegion, United States of America)
What is the effect of an order requiring a plaintiff to amend or amend a claim in a motion to amend? (MultiRegion, United States of America)
How have courts applied the Eighth Amendment to a claim made by a civil detainee under the Fourteenth Amendment? (MultiRegion, United States of America)
What is the test for determining whether a defendant acted intentionally or intentionally to deprive a prisoner of the Eighth Amendment? (MultiRegion, United States of America)
Are conditions of confinement claims under the Fourteenth Amendment or the Cruel and Unusual Punishments Clause of the Eighth Amendment? (MultiRegion, United States of America)
