· 7/28/2009
Dobbey v. Illinois Department of Corrections
Citations
- 574 F.3d 443
- 2009 U.S. App. LEXIS 16702
- 2009 WL 2224865
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that hanging a noose in front of an African American prisoner constituted racial harassment, not cruel and unusual punishment and therefore failed to state a claim under the Eighth Amendment
- concluding that a guard hanging a noose in view of an inmate and glaring at the inmate did not amount to cruel and unusual punishment because the incident was promptly investigated and was not accompanied by other threatening conduct
- finding that a guard who hung a noose in view of an inmate did not violate the Eighth Amendment because it was quickly removed and the situation was investigated
- noting that the behavior of a Caucasian guard who hung a noose from the ceiling and made “crazy” eyes at an African-American inmate fell “well short” of violating the Constitution
- stating that a threat “can rise to the level of cruel and unusual punishment”
- hanging a noose and giving “evil eyes” does not amount to cruel and unusual punishment
Source: CourtListener parenthetical corpus (CC0).
Judges: Bauer, Posner, Tinder
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.