· 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 CourtListenerSourced 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.