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· 11/6/2007

Elixir Industries, Inc. v. City Bank & Trust Co.

Citations

  • 507 F.3d 817
  • 2007 WL 3261504

How courts have described this case

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

  • finding that thirty-six hours in a dry cell in close proximity to prisoner’s feces, which prison officials refused to inspect, failed to meet the objective component of the Eighth Amendment
  • denying conditions of confinement claim when inmate spent approximately thirty-six (36) hours in dry cell with his own excrement
  • denying conditions of confinement claim when inmate spent approximately thirty-six hours in a cell with his own excrement
  • affirming summary judgment in favor of two corrections officers directly involved, and with personal involvement in inmate’s confinement in dry cell, and finding that the need to ensure that contraband would not be brought into the prison justified inmate’s placement in observation cell
  • “Gilblom’s placement in a dry cell for the purpose of searching his excrement, is not, in and of itself, problematic.”
  • placement in a “dry cell” for 36 hours and the prison staff’s repeated refusal to remove plaintiff’s waste, while “unsettling” did not “rise to the level of extreme deprivation necessary for a successful Eighth Amendment claim.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Garwood, Jolly, Stewart

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.