· 2/24/2005
Purcell Ex Rel. Estate of Morgan v. Toombs County, GA
Citations
- 400 F.3d 1313
- 2005 U.S. App. LEXIS 3221
- 2005 WL 428412
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that “conditions evidenced by the record here were not sufficiently grave to violate the Constitution”
- holding that ‘‘an excessive risk of inmate-on-inmate violence at a jail creates a substantial risk of serious harm.”
- explaining that a court “must not allow the advantage of hindsight to determine whether” an Eight Amendment violation occurred
- explaining that a prisoner has an Eighth Amendment right to be reasonably protected from “constant threat of violence” by his fellow inmates
- explaining that the Eighth Amendment applies to convicted inmates, while pretrial detainees’ constitutional rights arise from the Fourteenth Amendment’s Due Process Clause
- noting that the occasional injury is not enough to show an excessive risk to safety
Source: CourtListener parenthetical corpus (CC0).
Judges: Edmondson, Birch, Farris
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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