· 2/12/1985
Frederick Hoptowit v. John Spellman
Citations
- 753 F.2d 779
- 40 Fed. R. Serv. 2d 1450
- 1985 U.S. App. LEXIS 28719
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- agreeing “with the district court’s conclusion that the condition of “lack of adequate ventilation and air flor undermines the |j health of inmates and the sanitation of the penitentiary,” which “violates the minimum requirements of the Eighth Amendment”
- “Adequate lighting is one of the fundamental attributes of ‘adequate shelter’ required by the Eighth Amendment.”
- inadequate lighting, plumbing, vermin infestation, fire safety, ventilation and air flow, safety hazards in prison violated minimum requirements of Eighth Amendment
- plaintiff’s allegations that cell permeated with air saturated with fumes of feces, urine and vomit sufficient to defeat summary judgment
- “Not 3 || every deviation from ideally safe conditions amounts to a constitutional violation.”
- upholding prisoner’s claims of unsanitary and inhumane conditions
Source: CourtListener parenthetical corpus (CC0).
Judges: Duniway, Ferguson, Nelson
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.