U.S. District Court, WDNY Eighth Amendment Unauthorized Incarceration – Brief Delay in Release Downey v. Sheahan 15-cv-6129L Judge Larimer Background: The plaintiff alleged that five employees of the Five Points Correctional Facility violated his rights by causing him to serve ...

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U.S. Court of Appeals for the Second Circuit Eighth Amendment – Unsanitary Conditions Summary Judgment – Grounds not Raised Willey v. Kirkpatrick 13-699 Judges Katzmann, Pooler and Carney Background: The plaintiff appealed from the grant of summary judgment to the ...

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U.S. Court of Appeals for the Second Circuit Eighth Amendment Sexual Abuse Standard Crawford v. Cuomo, et al. 14-969-cv Judges Katsmann, Walker and Lynch Background: The plaintiff inmate alleged that a corrections officer sexually abused him and other inmates. He ...

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U.S. District Court, WDNY Eighth Amendment Adequate Medical Care – Pro Se Litigant White v. Clement 14-cv-6100L Judge Larimer Background: The plaintiff, an inmate in the custody of the New York State Department of Corrections and Community Supervision, alleged that ...

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U.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 ...

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U.S. Court of Appeals for the Second Circuit Civil Forfeiture — Eighth Amendment Guilty Property — Forfeiture Standards United States v. Pellegrino 11-2826-cr Judges Calabresi, Cabranes and Parker Background: The defendant appealed from the forfeiture of certain funds following his state court ...

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U.S. District Court, WDNY Eighth Amendment Prisoner Medical Treatment — Deliberate Indifference Virgil v. Darlak, et al. 10-cv-6479P Judge Payson Background: The plaintiff, an inmate in a New York correctional facility, filed suit against the defendants asserting claims for deliberate ...

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U.S. District Court, WDNY Eighth Amendment Failure to Treat Medical Condition Peralta v. Bluff 04-cv-6559 Judge Siragusa Background: The plaintiff, a former inmate in the custody of the Department of Corrections and Community Supervision, brought a civil rights action against ...

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U.S. District Court, WDNY Eighth Amendment Deliberate Indifference — Treatment Allen v. C.O. Ford, et al. 09-cv-6203L Judge Larimer Background: The plaintiff, an inmate in the custody of the Department of Corrections at the Wende Correctional Facility, brought a civil ...

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U.S. District Court, WDNY Eighth Amendment Medical Treatment Collier v. Harter, et al. 04-cv-6514-CJS Judge Siragusa Background: The plaintiff, a prison inmate previously in the custody of the New York State Department of Corrections and Community Supervision, brought a pro ...

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U.S. District Court, WDNY Medical Malpractice Eighth Amendment Striplin v. Alves, et al. 10-cv-06190-CJS Judges Siragusa Background: The plaintiff, an inmate in the custody of the New York State Department of Corrections and Community Supervision, filed a § 1983 complaint ...

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U.S. District Court, WDNY Eighth Amendment Medical Malpractice Rodriquez v. Conway, et al. 10-cv-6243L Judge Larimer Background: The pro se plaintiff commenced a § 1983 action alleging that the defendants, employees of the Attica State Correctional Facility, had failed to ...

Tagged with: eighth amendment medical malpractice U.S. District Court WDNY