Skip to main content
· 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).

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.