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· 8/22/2008

Danley v. Allen

Citations

  • 540 F.3d 1298
  • 2008 U.S. App. LEXIS 17837
  • 2008 WL 3874672

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that prolonged exposure to pepper spray due to a failure to properly decontaminate an inmate may form the basis of an Eighth Amendment claim
  • concluding that the defendants’ failure to allow the plaintiff to shower for “the amount of time required by jail policy” was circumstantial evidence of malicious intent
  • holding that prolonged exposure to pepper spray due to a failure to properly decontaminate an inmate may form the basis of an Eighth Amendment violation
  • holding that use of some force justified when an inmate twice refused an order to return to his cell
  • holding that “the effects of prolonged exposure to pepper spray with inadequate decontamination and poor ventilation” can amount to a serious medical need
  • recognizing that “only temporary discomfort” from pepper spray is usually not a serious medical need

Source: CourtListener parenthetical corpus (CC0).

Judges: Black, Carnes, Restani

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.