What is the difference between short-term and long-term duration of a plaintiff's application for a stay of stay under the eighth amendment?
MultiRegion, United States of America
The following excerpt is from Johnson v. Swinney, 996 F.2d 1225 (9th Cir. 1993):
2 Wilson v. Seiter, rejected a "short-term/long-term distinction" in evaluating eighth amendment claims. 111 S.Ct. at 2325. Here, however, length of stay would be a determinative factor in finding whether the deprivations were "sufficiently serious" to amount to a constitutional violation.
"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
What is the difference between a plaintiff and a prisoner when it comes to the Fourteenth Amendment and the Eighth Amendment? (MultiRegion, United States of America)
Does the date of the Registrar's decision on a motion of objection to a motion to amend and amend the terms of an application to amend the application? (Canada (Federal), Canada)
Does plaintiff have the authority to amend or amend the facts of a claim in an amended complaint? (MultiRegion, United States of America)
If an applicant succeeds in his res judicata application, does the application have grounds to stay the application? (Canada (Federal), Canada)
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)
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)
Does a Plaintiff have to amend or amend his complaint so that the amended complaint supersedes the original? (MultiRegion, United States of America)
Can a plaintiff bring a cognizable Eighth Amendment violation based solely on an allegation that defendants issued a false rules violation against plaintiff? (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)
Can Plaintiff amend or amend the nature of the Plaintiff's claim in a personal injury case? (MultiRegion, United States of America)
