· 10/5/2023
Matter of Kubala v. New York State & Local Retirement Sys.
Citations
- 220 A.D.3d 993
- 197 N.Y.S.3d 606
- 2023 NY Slip Op 05015
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that an “inmate”— one who has been adjudicated guilty of a crime—has a right to medical care enshrined in the Nos. 20-5585/21-5545 Colson v. City of Alcoa Page 5 Eighth Amendment
- holding the due process clause provides no greater protection than does the Eighth Amendment’s cruel and unusual punishment clause
- noting that in “the prison security context, the Due Process Clause affords...no greater protection than does” the Eighth Amendment
- noting that a plaintiff must show “obduracy and wantonness” rather than “inadvertence or error in good faith.”
- explaining that a prison official would violate the Eighth Amendment if he “acted maliciously or sadistically toward [a prisoner] in denying him water”
- finding that, if “the evidence, viewed in the light most favorable to the plaintiff, will support a reliable inference of wantonness in the infliction of pain,” the case should “go to the jury”
Source: CourtListener parenthetical corpus (CC0).
Sourced from CourtListener / Free Law Project (CC0).
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