· 7/10/2001
DeSpain v. Uphoff
Citations
- 264 F.3d 965
- 2001 Colo. J. C.A.R. 3654
- 2001 U.S. App. LEXIS 15536
- 2001 WL 776785
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that “the ultimate constitutional inquiry is directed at whether an unnecessary and wanton infliction of pain has occurred”
- concluding that exposure to human waste for 36 hours would constitute a deprivation serious enough to violate the Eighth Amendment
- holding that both the length of exposure and the severity of the deprivation are important factors in evaluating the seriousness of the deprivation
- holding that exposure to non-working toilets and other inmates’ urine and feces via standing water for thirty-six hours was sufficiently serious
- holding that exposure to non-working toilets and other inmates’ urine and feces via standing water for thirty-six hours was sufficiently serious
- concluding that exposure to human waste, even for 36 hours, would constitute sufficiently serious deprivation to violate Eighth Amendment
Source: CourtListener parenthetical corpus (CC0).
Judges: Tacha, Seymour, Ebel
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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