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· 5/18/2004

Jeffrey Whitman v. Veroljub Nesic and Christopher Ellerd

Citations

  • 368 F.3d 931
  • 2004 U.S. App. LEXIS 9631
  • 2004 WL 1095617

How courts have described this case

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

  • explaining that harassment or malicious conduct unrelated to institutional security violates Eighth Amendment
  • dismissing plaintiff’s argument that “since a district court found his complaint stated a claim under § 1983 at the preliminary stages of the litigation, his complaint must also survive summary judgment”
  • “Being made to stand naked twenty minutes as part of a random drug-testing policy is not a ‘sufficiently serious’ condition of confinement to rise to the level of a constitutional violation.
  • “[O]nly those searches that are maliciously motivated, unrelated to institutional security, and hence totally without penological justification are considered unconstitutional.”
  • “[T]he mere fact that state rules or statutes are violated does not in and of itself amount to a constitutional violation or give rise to an actionable § 1983 claim.”
  • strip search of inmate violates Eighth Amendment if it is “maliciously motivated, unrelated to institutional security, and hence totally without penological justification,” and is “conducted in a harassing manner intended to humiliate and inflict psychological pain”

Source: CourtListener parenthetical corpus (CC0).

Judges: Cudahy, Kanne, Posner

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.