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Johnson v. Lewis, No. 98-16821 (9th Cir.) (217 F.3d 726) (June 29, 2000) (Judge William A. Fletcher)

Article • August 1, 2000 • from P&J August, 2000

Filed under: Punch And Jurists, Cruel and Unusual Punishment

Johnson v. Lewis, No. 98-16821 (9th Cir.) (217 F.3d 726) (June 29, 2000) (Judge William A. Fletcher) by In these two consolidated class action, civil rights law suits, large numbers of inmates in Arizona were forced to spend several nights outdoors, lying on the ground, handcuffed, exposed to the elements, …

Arave v. Creech, No. 91-1160 (U.S. Supreme Court) (507 U.S. 463; 113 S.Ct. 1534) (March 30, 1993) (Justice O'Connor)

Article • June 26, 2000

Filed under: Punch And Jurists, Cruel and Unusual Punishment

Arave v. Creech, No. 91-1160 (U.S. Supreme Court) (507 U.S. 463; 113 S.Ct. 1534) (March 30, 1993) (Justice O'Connor) by The respondent in this case beat and kicked to death a fellow inmate at the Idaho State Penitentiary. He pleaded guilty to first-degree murder and was sentenced to death. The …

Jurek v. Texas, No. 75-5394 (U.S. Supreme Court) (428 U.S. 262; 96 S.Ct. 2950) (July 2, 1976) (Justice Stevens)

Article • June 24, 2000 • from P&J April, 2000

Filed under: Punch And Jurists, Cruel and Unusual Punishment

Jurek v. Texas, No. 75-5394 (U.S. Supreme Court) (428 U.S. 262; 96 S.Ct. 2950) (July 2, 1976) (Justice Stevens) by This case, decided on the same day as Gregg v. Georgia, affirmed that the death penalty, per se, does not violate the cruel and unusual punishment clause of the Constitution …

U.S. v. Marks, No. 98-6044 (6th Cir.) (209 F.3d 577) (April 6, 2000) (Judge Richard F. Suhrheinrich)

Article • May 1, 2000 • from P&J May, 2000

Filed under: Punch And Jurists, Cruel and Unusual Punishment

U.S. v. Marks, No. 98-6044 (6th Cir.) (209 F.3d 577) (April 6, 2000) (Judge Richard F. Suhrheinrich) by One of the issues addressed in this case was whether two sentences that were imposed were so lengthy that the constituted cruel and unusual punishment under the Eighth Amendment. The defendants were …

Carrigan v. Davis, No. 96-8-JJF (D.Del.) (70 F.Supp.2d 448) (September 28, 1999) (Judge Joseph J. Jr. Farnam)

Article • January 1, 2000 • from P&J January, 2000

Filed under: Punch And Jurists, Cruel and Unusual Punishment

Carrigan v. Davis, No. 96-8-JJF (D.Del.) (70 F.Supp.2d 448) (September 28, 1999) (Judge Joseph J. Jr. Farnam) by Here Chief Judge Farnan of the district court in Delaware held that any sexual intercourse between a prison guard and a prison inmate constitutes a per se violation of the Eighth Amendment …

Cain v. Rock, No. Civ. Y-98-1930 (D.Md.) (67 F.Supp.2d 544) (October 14, 1999) (Judge Joseph H. Young)

Article • December 1, 1999 • from P&J December, 1999

Filed under: Punch And Jurists, Cruel and Unusual Punishment

Cain v. Rock, No. Civ. Y-98-1930 (D.Md.) (67 F.Supp.2d 544) (October 14, 1999) (Judge Joseph H. Young) by Here the District Court of Maryland denied a prisoner's civil rights claim under the Eighth Amendment, holding that the random rape of female prisoners by prison guards is not "punishment" for purposes …

United Mine Workers v. Bagwell, No. 92-1625 (U.S. Supreme Court) (512 U.S. 821; 114 S.Ct. 2552) (June 30, 1994) (Justice Blackmun)

Article • September 9, 1999

Filed under: Punch And Jurists, Punishment

United Mine Workers v. Bagwell, No. 92-1625 (U.S. Supreme Court) (512 U.S. 821; 114 S.Ct. 2552) (June 30, 1994) (Justice Blackmun) by The Court held that "Underlying the somewhat elusive distinction between civil and criminal contempt fines, and the ultimate question posed in this case, is what procedural protections are …

Witt v. Wainwright, No. 84-6325 (U.S. Supreme Court) (470 U.S. 1039; 105 S.Ct. 1415) (March 5, 1985) (Per Curiam)

Article • August 1, 1999

Filed under: Punch And Jurists, Cruel and Unusual Punishment

Witt v. Wainwright, No. 84-6325 (U.S. Supreme Court) (470 U.S. 1039; 105 S.Ct. 1415) (March 5, 1985) (Per Curiam) by This case, in which the Court denied a stay in execution, is noted for Justice Marshall's dissent in which he restated his opposition to capital punishment as a violation of …

U.S. v. Lippitt, No. 98-2385 (7th Cir.) (180 F.3d 873) (June 16, 1999) (Judge Joel L. Flaum)

Article • August 1, 1999 • from P&J August, 1999

Filed under: Punch And Jurists, Punishment

U.S. v. Lippitt, No. 98-2385 (7th Cir.) (180 F.3d 873) (June 16, 1999) (Judge Joel L. Flaum) by In the words of the Court, this case "is a challenge to the district court's decision to add forty-seven months to Kenneth Lippitt's prison term for failing to pay a criminal fine …

Whitley v. Albers, No. 84-1077 (U.S. Supreme Court) (475 U.S. 312; 106 S.Ct. 1078) (March 4, 1986) (Justice O'Connor)

Article • July 9, 1999

Filed under: Punch And Jurists, Cruel and Unusual Punishment

Whitley v. Albers, No. 84-1077 (U.S. Supreme Court) (475 U.S. 312; 106 S.Ct. 1078) (March 4, 1986) (Justice O'Connor) by This case involved a prison riot during which an armed guard shot the plaintiff in the leg in an attempt to free a guard being held hostage by the rioting …

Ingraham v. Wright, No. 75-6527 (U.S. Supreme Court) (430 U.S. 651; 97 S.Ct. 1401) (April 19, 1977) (Justice Powell)

Article • June 26, 1999

Filed under: Punch And Jurists, Cruel and Unusual Punishment

Ingraham v. Wright, No. 75-6527 (U.S. Supreme Court) (430 U.S. 651; 97 S.Ct. 1401) (April 19, 1977) (Justice Powell) by The Court noted in this decision that "While the contours of this historic liberty interest in the context of our federal syatem of government have not been defined precisely, they …

Perri v. Coughlin, No. 90-CV-1160 (N.D.N.Y.) (1999 WL 395374) (June 11, 1999) (Judge Neal P. McCurn)

Article • June 1, 1999 • from P&J June, 1999

Filed under: Punch And Jurists, Cruel and Unusual Punishment

Perri v. Coughlin, No. 90-CV-1160 (N.D.N.Y.) (1999 WL 395374) (June 11, 1999) (Judge Neal P. McCurn) by Last week the Department of Justice released its first comprehensive study on the rapidly growing number of emotionally disturbed people in America's prisons and jails. That report is available on the Internet at …

LaGrand v. Stewart, No. 99-99004 (9th Cir.) (173 F.3d 1144) (February 24, 1999) (Judge Thomas G. Nelson)

Article • June 1, 1999 • from P&J June, 1999

Filed under: Punch And Jurists, Cruel and Unusual Punishment

LaGrand v. Stewart, No. 99-99004 (9th Cir.) (173 F.3d 1144) (February 24, 1999) (Judge Thomas G. Nelson) by Holding that Eighth Amendment protections, at least in the area of capital punishment, cannot be waived, the court held that the Arizona method of usinf lethal gas to execute inmates is unconstitutional.

Wakefield v. Thompson, No. 96-16323 (9th Cir.) (177 F.3d 1160) (May 27, 1999) (Judge Stephen Reinhardt)

Article • May 1, 1999 • from P&J May, 1999

Filed under: Punch And Jurists, Cruel and Unusual Punishment

Wakefield v. Thompson, No. 96-16323 (9th Cir.) (177 F.3d 1160) (May 27, 1999) (Judge Stephen Reinhardt) by The petitioner in this case suffered from Organic Delusional Disorder, a malady which, when untreated, rendered him prone to violent outbursts. During his term of imprisonment at San Quentin, he was required by …

Bass v. Perrin, No. 96-3428 (11th Cir.) (170 F.3d 1312) (April 1, 1999) (Judge Gerald B. Tjoflat)

Article • April 1, 1999 • from P&J April, 1999

Filed under: Punch And Jurists, Cruel and Unusual Punishment

Bass v. Perrin, No. 96-3428 (11th Cir.) (170 F.3d 1312) (April 1, 1999) (Judge Gerald B. Tjoflat) by The great Russian novelist Fydor Mikhailovich Dostoyevsky once wrote "the degree of civilization in a society is revealed by entering its prisons." F. Dostoyevsky, The House of the Dead 76 (C. Garnett …

U.S. v. Edwards, No. 98-1055 (3rd Cir.) (162 F.3d 87) (November 27, 1998) (Judge Marjorie O. Rendell)

Article • January 1, 1999 • from P&J January, 1999

Filed under: Punch And Jurists, Punishment

U.S. v. Edwards, No. 98-1055 (3rd Cir.) (162 F.3d 87) (November 27, 1998) (Judge Marjorie O. Rendell) by Case held that the application of the MVRA to the defendant violated the ex post facto prohibitions of the Constitution since it was not enacted until after the defendant's crimes were committed …

Bradley v. Puckett, No. 98-60102 (5th Cir.) (157 F.3d 1022) (October 26, 1998) (Judge Reynaldo G. Garza)

Article • November 1, 1998 • from P&J November, 1998

Filed under: Punch And Jurists, Cruel and Unusual Punishment

Bradley v. Puckett, No. 98-60102 (5th Cir.) (157 F.3d 1022) (October 26, 1998) (Judge Reynaldo G. Garza) by A rare case in which the Court held that a disabled inmate had made a sufficient showing of cruel and unusual punishment due to the prison's actions which precluded him from showering.

Chambers v. Bowersox, No. 97-3067WM (8th Cir.) (157 F.3d 560) (September 23, 1998) (Judge Richard S. Arnold)

Article • November 1, 1998 • from P&J November, 1998

Filed under: Punch And Jurists, Cruel and Unusual Punishment

Chambers v. Bowersox, No. 97-3067WM (8th Cir.) (157 F.3d 560) (September 23, 1998) (Judge Richard S. Arnold) by The Court noted that the average length of time served on death row between sentence and execution for the 45 persons executed in the U.S. in 1996 was ten and a half …

Johnson v. U.S., No. 97-1151 (6th Cir.) (154 F.3d 569) (August 26, 1998) (Judge Gilbert S. Merritt)

Article • October 1, 1998 • from P&J October, 1998

Filed under: Punch And Jurists, Punishment

Johnson v. U.S., No. 97-1151 (6th Cir.) (154 F.3d 569) (August 26, 1998) (Judge Gilbert S. Merritt) by This is another case that deals with the Circuit split that has developed about whether a district court may reduce a defendant's term of supervised release to reflect time served in prison …

U.S. v. Harris, No. 96-10416 (9th Cir.) (154 F.3d 1082) (September 9, 1998) (Judge Charles E. Wiggins)

Article • September 1, 1998 • from P&J October, 1998

Filed under: Punch And Jurists, Cruel and Unusual Punishment

U.S. v. Harris, No. 96-10416 (9th Cir.) (154 F.3d 1082) (September 9, 1998) (Judge Charles E. Wiggins) by Although the Court held that it was bound by precedent to affirm a sentence of 95 years, it issued a strong call to Congress to amend the mandatory minimum laws to give …