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Second Circuit — Eighth Amendment: Hogan v. Fisher
By: Daily Record Staff//January 2, 2014//
Listen to this articleU.S. Court of Appeals for the Second Circuit
Eighth Amendment
Repugnant Behavior — De Minimis Injury
Hogan v. Fisher
12-4246-pr
Judges Lynch, Chin and Carney
Background: The pro se plaintiff appealed from the dismissal of his complaint alleging he was subjected to cruel and unusual punishment when three masked corrections officers sprayed him with an mixture of fecal matter, vinegar and machine oil.
Ruling: The Second Circuit vacated and remanded. The court held that the court erred in finding that the alleged use of force was de minimis. The conduct alleged by was repugnant and undoubtedly a form of cruel and unusual punishment.
John Hogan, pro se; Jonathan D. Hitsous, assistant solicitor general, for the New York State Office of the Attorney General
Case Digests
- Second Circuit – Plea agreements: Cook v. United States
- Fourth Department: Statute of limitations: Marino v. Weiler
- Fourth Department – Nail and mail service: Rebutting presumption of service L&W Supply Corporation v. Built-Rite Drywall Corp, et al
- Fourth Department – Mental Hygiene Law: Charles L. v. State of New York
- Second Circuit – Medicaid and Medicare certification: U.S. ex rel. Quartararo v. Cath. Health Sys. Of Long Island Inc.
- Fourth Department – Waiver of indictment: People v. King
- Fourth Department – Speedy trial: People v. Jordan
- Fourth Department – Rosario material: People v. Dennard
- Second Circuit – Magnuson-Stevens Act: State of New York v. Raimondo
- Fourth Department – Plea: People v. Davis
- Second Circuit – Revocation of minimum sentence: Bangs v. Walter William Smith, et al.
- Fourth Department – Relation-back doctrine: CHS Inc. v. Land O’Lakes Purina Feed, et al.
Law News
- Split court affirms gun conviction
- N.Y. Court of Appeals reverses gun conviction
- NY board approves cannabis lawsuit settlements, paves way for retail dispensaries
- NY Court of Appeals reverses murder conviction because of illegal police search
- NY Court of Appeals reverses gun conviction over ineffective counsel
- Split court affirms gun conviction, finding search and arrest were legal
- NY appeals court vacates drug conviction over illegal police search
- Split Court of Appeals strips Police Accountability Board of disciplinary power
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