In 1995, a jury sentenced defendant to death for the rape and murder of his girlfriend’s mother. He now argues that the delay in carrying out his execution amounts to cruel and unusual punishment under the Eighth Amendment.
Prisoners Did Not Identify Alternative Method Of Execution, So Relief Denied.
Prisoners sentenced to death in Oklahoma contended the method of execution used by the State violates the Eighth Amendment because it creates an unacceptable risk of severe pain. They argue that Midazolam, the first drug employed in the State’s three-drug protocol, fails to render a person insensate to pain. The United States Supreme Court denied […]
Transgender Inmate.
Plaintiff is a transgender inmate of a California prison who contends prison officials violated the Eighth Amendment’s through deliberate indifference to her [inmate used to be named Philip but is now known as Mia] serious medical needs. The inmate says she suffers from severe gender dysphoria for which sexual reassignment surgery [SRS] is the medically […]
Jury Properly Instructed Prison Dentist ’s Care May Be Considered In The Context Of Available Resources.
As soon as plaintiff arrived in prison, he sought dental care, complaining he had cavities and his gums were bleeding. He saw a dentist twice during the year, but was dissatisfied with the care he received and filed an action under 42 U.S.C. § 1983 for money damages against the prison dentist and others, claiming […]
Under Eighth Amendment Trial Court Not Relieved Of Considering Defendant’s Youth When Sentencing Despite New Statute.
A gang-member defendant committed manslaughter and attempted murder when he was 15 and 16 years old and was sentenced to a determinate term of 23 years as well as a consecutive indeterminate term of 80 years to life. The appellate court was faced with two unique questions. The first one concerned the fact that the bulk […]
Does Continuous Lighting Amount To Cruel And Unusual Punishment?
A Washington prisoner appealed the grant of summary judgment in favor of prison officials who placed him in a special unit where he was monitored every 30 minutes. In the unit, each single-inmate cell is illuminated with three four-foot-long fluorescent tubes. Two of the three may be turned off by the inmate, but one of them […]
Prisoner’s Allegations Regarding Violations of Freedom Of Religion.
Plaintiff brought an action against prison personnel at the Arizona Department of Corrections for treatment he alleged he received while an inmate. He said he did not receive proper care for his mental illness and became suicidal, in violation of his rights under the Eighth Amendment. He also alleged deprivation of his rights under the First and Fourteenth […]
Not Cruel And Unusual Punishment To Sentence Juvenile 45 Years To Life In Prison.
A 17-year-old broke into a family home while the family slept. He shot and wounded one of the occupants. On appeal, he contended his 45-year-to-life sentence is cruel and unusual punishment within the meaning of the Eighth Amendment. The appellate court noted that in September 2013, Penal Code section 3051 was amended. The amended statute “requires the […]
Eighth Amendment Allegations Sufficient To Proceed Against Prison Authorities.
A state prison inmate brought an action against correctional officers who pepper sprayed him, allegedly when he attempted to explain he was a vegetarian due to his religion, and that he was given the wrong meal. The trial court granted summary judgment to the correctional officers. The Ninth Circuit reversed and remanded based on the inmate’s […]