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· 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 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.