What is sufficient to state an Eighth Amendment claim?

MultiRegion, United States of America

The following excerpt is from Schwerdtfeger v. Paramo, Case No.: 19-cv-02255 JLS (JLB) (S.D. Cal. 2021):

8. But see Brown v. Bargery, 207 F.3d 863, 867-68 (6th Cir. 2000) (finding sufficient to state an Eighth Amendment claim an inmate's allegations that the bunks in one of the prison's housing units were "improperly installed upside down, which would pose an unreasonable risk of future injury by causing inmates to fall from their bunks while asleep and by subjecting inmates to the hazards of rolling into sharp protruding mounting bolt studs").

Other Questions


Is there any case law supporting a claim that prison administrators indifference to brutal behavior by guards toward inmates is sufficient to constitute an Eighth Amendment claim? (MultiRegion, United States of America)
If a federal claim is not "adjudicated on the merits" in a state court, if the state court rejects the federal claim, what is the legal test for review of the claim? (MultiRegion, United States of America)
When a state prisoner has defaulted on his federal claim in a state court pursuant to an independent and adequate state procedural rule, can he seek a federal habeas review of the claim? (MultiRegion, United States of America)
What are the requirements for plaintiff to state a claim under the Eighth Amendment for denial of medical care in his fourth amended complaint? (MultiRegion, United States of America)
When a state prisoner has defaulted on his federal claim in a state court pursuant to an independent and adequate state procedural rule, can he seek federal habeas review of the claim? (MultiRegion, United States of America)
Is there sufficient relevant evidence that a reasonable juror might conclude that Lashley lacked the culpability state of mind necessary to be guilty of an Eighth Amendment violation? (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 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 reviewing a Fourth Amendment claim in circumstances where the petitioner has neither pleaded nor proved the denial of a full and fair opportunity to litigate that claim in state courts? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.