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Inmate at private prison can’t pursue ‘Bivens’ claim 

Published: January 10, 2012

Tags: Bivens, civil rights, Eighth Amendment

A federal prison inmate could not seek damages for a violation of his constitutional rights from the employees of a private company that operated the facility, the U.S. Supreme Court has ruled in an 8-1 decision.

SENTENCING 

Published: November 7, 2011

Tags: cruel and unusual punishment, Eighth Amendment, juvenile, life imprisonment, Supreme Court

Does the Eight Amendment prohibit a juvenile from being sentenced to life without parole for capital murder?

See “Court to decide constitutionality of life terms for minors”

Miller v. Alabama, No. 10-9646; Certiorari granted:  Nov. 7, 2011. Ruling below: (Unreported) No. CR-06-0741  (Ala. Crim. App. Aug. 27,
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Court to decide if life terms for minors are constitutional 

By: Kimberly Atkins
Published: November 7, 2011

Tags: cruel and unusual punishment, Eighth Amendment, juvenile, life imprisonment, Supreme Court

A year after holding that sentencing a juvenile to life without parole in non-murder cases violates the Constitution’s Eighth Amendment ban on cruel and unusual punishment, the U.S. Supreme Court has agreed to decide whether imposing such a sentence on a juvenile for capital murder is unconstitutional.

Justices consider ‘Bivens’ claims against private prison 

By: Kimberly Atkins
Published: November 2, 2011

Tags: Bivens, Eighth Amendment, independent contractor, prison, U.S. Supreme Court

WASHINGTON – At oral arguments on Tuesday, the justices of the U.S. Supreme Court seemed skeptical of a federal prisoner’s claim that he should be allowed to bring a Bivens action against private contractors who run the prison where he was housed.

EIGHTH AMENDMENT 

Published: May 23, 2011

Tags: Eighth Amendment, Supreme Court

A court-mandated population limit was necessary to remedy prison overcrowding, which was the primary cause of violations of inmates’ rights to medical and mental health care.

U.S. Supreme Court. Brown v. Plata, No. 09-1233.  May 23, 2011. Lawyers USA No. 993-2922.

Facility director liable to paraplegic inmate for $1 million 

Published: April 29, 2011

Tags: civil rights, Eighth Amendment

Even though they never met in person, the director of an incarceration facility could be liable under the Eighth Amendment for deliberate indifference to an inmate’s serious medical needs, the 8th Circuit has ruled in affirming a $1 million verdict.

SENTENCING 

By: Kimberly Atkins
Published: May 17, 2010

Tags: Eighth Amendment, juvenile, sentencing, Supreme Court

Sentencing a juvenile to life without parole in non-murder cases violates the Constitution’s ban on cruel and unusual punishment.

See “High Court: juvenile life sentences unconstitutional”

U.S. Supreme Court. Graham v. Florida, No. 08-7412. May 17, 2010. Lawyers USA No. 993-1902.

High Court: juvenile life sentences unconstitutional 

By: Kimberly Atkins
Published: May 17, 2010

Tags: cruel and unusual punishment, Eighth Amendment, juvenile, sentencing, Supreme Court

Sentencing a juvenile to life without parole in non-murder cases violates the Constitution’s Eighth Amendment ban on cruel and unusual punishment, the U.S. Supreme Court has ruled.

SENTENCING 

By: Kimberly Atkins
Published: May 17, 2010

Tags: Eighth Amendment, juvenile, sentencing, Supreme Court

A case considering whether a 13-year old sentenced to life without parole can make a constitutional challenge more than a decade later was dismissed as improvidently granted.

See “High Court: juvenile life sentences unconstitutional”

U.S. Supreme Court. Sullivan v. Florida, No. 08-7621. May 17, 2010. Lawyers USA No.
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EXCESSIVE FORCE 

By: Kimberly Atkins
Published: February 22, 2010

Tags: Eighth Amendment, Excessive Force

A prisoner’s excessive force claim must be based on the nature of the force rather than the extent of the injury.

U.S. Supreme Court. Wilkins v. Gaddy, No. 08–10914. Feb. 22, 2010. Lawyers USA No. 993-1698.