· 3/21/1941
Commissioner v. Roeser & Pendleton, Inc.
Citations
- 118 F.2d 462
- 26 A.F.T.R. (P-H) 718
- 1941 U.S. App. LEXIS 4683
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- stating that a court must assess the hardships asserted by a SHU inmate “in comparison to the hardships endured by prisoners in general population”
- noting that almost 10% of all inmates received SHU punishment, and 40% of those were confined for less than 90 days
- stating that a court must assess the 7 hardships asserted by a SHU inmate “in comparison to the 8 hardships endured by prisoners in general population”
- noting that “far inferior” hygienic conditions in SHU that included “inadequate amounts of toilet paper, soap and cleaning materials, a filthy mattress, and infrequent changes of clothes” may permit the finding of atypical and significant deprivation
- reversing the district court in part for failure to consider typical duration of non-disciplinary confinement and noting that the frequency with which inmates are confined as a result of the ordinary administration of the prison is also relevant
- “[T]he duration and the frequency of such deprivations are highly relevant to whether the conditions of a plaintiffs confinement should be considered atypical.”
Source: CourtListener parenthetical corpus (CC0).
Judges: McCord
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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