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Tag Archives: Eighth Amendment

Criminal Law: Sentencing-Eighth Amendment-Gross Disproportionality

Where a defendant argued that his 200-month sentence for distributing less than 50 grams of methamphetamine violated the Eighth Amendment, the sentence did not come close to violating the gross disproportionality standard and was within the advisory guidelines range, and ...

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Civil Rights: 42 U.S.C. §1983-Eighth Amendment-Medical Care

Plaintiff, an inmate, appealed from the district court’s grant of summary judgment to defendants in plaintiff’s 42 U.S.C. §1983 action arising from his medical treatment for fractures suffered during an altercation. Where the record demonstrated no genuine issue of material ...

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Civil Rights: Eighth Amendment-Inadequate Medical Care-Failure to Provide Treatment

Plaintiffs received class certification in their complaint alleging defendants violated the Eighth Amendment and the ADA by failing to provide adequate medical care for inmates with chronic Hepatitis C viral infections. Specifically, plaintiffs alleged that defendants failed to provide anti-viral ...

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Civil Rights: Eighth Amendment-Inadequate Medical Care-Failure to Provide Treatment

Plaintiffs received class certification in their complaint alleging defendants violated the Eighth Amendment and the ADA by failing to provide adequate medical care for inmates with chronic Hepatitis C viral infections. Specifically, plaintiffs alleged that defendants failed to provide anti-viral ...

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Civil Rights: §1983 Action- Eighth Amendment- Summary Judgment

Plaintiff, an inmate, appealed the district court’s adverse grant of summary judgment in his 42 U.S.C. §1983 action. Where plaintiff failed to identify specific errors in district court’s findings of fact or application of law to the evidence, summary judgment ...

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