Skip to main content
· 8/6/2008

Iko v. Shreve

Citations

  • 535 F.3d 225
  • 2008 U.S. App. LEXIS 16607
  • 2008 WL 3018444

How courts have described this case

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

  • holding that deliberate indifference requires a showing that defendants “must have actually known that that their response was inadequate”
  • holding that deployment of pepper spray after inmate is lying on the floor restrained may give rise to inference that force was not employed protectively
  • concluding that fourth Whitley factor favored inmate when officers used pepper spray on inmate and then “never secured him any medical treatment for the exposure”
  • holding that where the record contains a videotape, plaintiff’s version of the facts need only be credited to the extent it is not contradicted by the videotape
  • holding that “[a]n injury is sufficiently serious for purposes of the objective component of an Eighth Amendment excessive force claim as long as it rises above the level of de minimis harm”
  • holding that a medical need is objectively serious when it is “one that is so obvious that even a lay person would easily recognize the necessity for a doctor's attention”

Source: CourtListener parenthetical corpus (CC0).

Judges: Michael and Duncan, Circuit Judges, and Henry F. Floyd, United States District Judge for the District of South Carolina, Sitting by Designation

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.