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· 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 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.