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Abstract: 

Four recent federal circuit court cases have discussed the question of whether or not specific unhealthy conditions in various prisons amounted to “cruel and unusual punishment,” creating Eighth Amendment violations. Like those actions based upon deliberate indifference to serious medical needs, “conditions of confinement” claims must establish both objective and subjective components. In DeSpain v. Uphoff, 2001 U.S. App. LEXIS 15536 (10th Cir. July 10, 2001), a separate three-judge appellate panel, including the 10th Circuit’s Chief Judge, held that an allegation of unsanitary conditions due to flooding did satisfy the twoprong test for an Eighth Amendment violation. The flooding was initially caused by inmates, including the plaintiff, who plugged up their toilets in protest against a transfer to administrative segregation.

Keywords: Rhodes v. Chapman, Carroll v. DeTella, Delaney v. DeTella, Pearson v. Ramos, Shannon v. Graves, Johnson v. Lewis, Atkins v. Virginia

Affiliations:  1: Pace University School of Law Library.