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· 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 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.