· 6/6/2006
William Sim Spencer v. Michael J. Bouchard
Citations
- 449 F.3d 721
- 2006 U.S. App. LEXIS 13846
- 2006 WL 1528876
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that exposing a prisoner to cold temperatures for several months could violate the Eighth Amendment
- concluding that it is proper to dismiss claims where the prisoner has failed to satisfy Prison Litigation Reform Act's (“PLRA”) administrative exhaustion requirement
- describing the protections of the Due Process Clause to be “similar if not greater” than those under the Eighth Amendment
- finding an Eighth Amendment violation where the cold and wet conditions were prolonged, officers failed to take reasonable measures to abate the cold for the inmates, and officers actively interfered with inmates' own attempts to alleviate the cold
- “The objections must be clear enough to enable the district court to discern those issues that are dispositive and contentious.”
- “[O]bjections disput[ing] the correctness of the magistrate’s recommendation but fail[ing] to specify the findings . . . believed [to be] in error are too general.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Moore, Cole, Clay
Read full opinion on CourtListenerSourced 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.