Does double-celling violate the Eighth Amendment?
MultiRegion, United States of America
The following excerpt is from Stephen v. Hewitt, 73 F.3d 370 (9th Cir. 1995):
Stephen's claim that double-celling violates the Eighth Amendment lacks merit. See Rhodes v. Chapman, 452 U.S. 337, 348 (1981). Stephen's conclusory allegations about the double-celling conditions fail to raise a triable issue of material fact as to whether defendants subjected him to "the unnecessary and wanton infliction of pain" or whether the conditions resulted in a "serious deprivation of basic human needs." Id.
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