· 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 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.