· 2/19/1974
In re McWhinney
Citations
- 415 U.S. 906
- 94 S. Ct. 1399
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that reasonable prison official should have known that depriving inmate of out-of-cell exercise for periods of seven months and eleven months would violate Eighth Amendment
- stating that the' law-^clearly established] that depriving inmates of all meaningful opportunities to exercise generally violates the Eighth Amendment prohibitions against cruel and unusual punishment.”
- noting that “the courts concede that pe-nological consideration may, in certain circumstances, justify [exercise] restrictions”
- explaining that while the denial of out-of-cell exercise opportunities is not per se unconstitutional, a “complete deprivation of exercise for an extended period of time violates [the] Eighth Amendment”
- stating that, as a general rule, a prisoner should be permitted regular out-of-cell exercise
- denying qualified immunity where prisoner was confined for “seven months and eleven months, without any opportunity for out-of-cell exercise”
Source: CourtListener parenthetical corpus (CC0).
Sourced from CourtListener / Free Law Project (CC0).
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