By: Daily Record Staff//January 2, 2014
By: Daily Record Staff//January 2, 2014//
U.S. Court of Appeals for the Second Circuit
Repugnant Behavior — De Minimis Injury
Hogan v. Fisher
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