· 4/15/1909
People ex rel. Carvalho v. Warden of City Prison
Citations
- 118 N.Y.S. 487
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that inmate failed to state a claim for unconstitutional conditions of confinement based upon dirty underwear where the plaintiff was not forced to wear underwear and could wash the underwear and himself
- collecting cases and finding no constitutional violation where plaintiff was often given inadequately laundered, stained underwear because inmates could choose to forgo wearing underwear and had the ability to launder their clothes themselves
- collecting cases and finding no constitutional violation where plaintiff was often given inadequately laundered, stained underwear because inmates could choose to forgo wearing underwear and had the ability to launder their clothes themselves
- “[T]he issuance of dirty underwear to Passmore and refusal to allow him to exchange it was not sufficiently serious to support his conditions of confinement claim.”
- receipt of dirty underwear did not amount to a sufficiently serious condition when inmate had ability to wash the underwear and failed to substantiate a serious medical condition as a result of wearing the underwear
Source: CourtListener parenthetical corpus (CC0).
Judges: Gbrard
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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