Legal Opinion
DeSpain v. Uphoff
Court of Appeals for the Tenth Circuit
Decided July 10, 2001No. 99-8003PublishedCited by 422 opinions
1Opinion of the Court
SEYMOUR, Circuit Judge.
Robert DeSpain, an inmate of the Wyoming State Penitentiary, appeals from a grant of summary judgment in favor of prison officials in an action he brought pursuant to 42 U.S.C. § 1983 alleging the violation of his Eighth Amendment right to be free from cruel and unusual punishment. Mr. DeSpain based his claims on two separate incidents: the failure by Associate Warden Ron Ruettgers to rectify unsanitary flooding conditions caused by prisoners after a riot, and an unrelated incident two months later in which prison guard Tommy Bustos indiscriminately discharged pepper…
2Cases cited37 opinions
- Estelle v. GambleSupreme Court of the United States · 1976
- Farmer v. BrennanSupreme Court of the United States · 1994
- Harlow v. FitzgeraldSupreme Court of the United States · 1982
- Anderson v. CreightonSupreme Court of the United States · 1987
- Hudson v. McMillianSupreme Court of the United States · 1992
32 more not listed; retrieve them via the Exa API.
3Cited by422 opinions
- Hogan v. FischerCourt of Appeals for the Second Circuit · 2013
- Fogarty v. GallegosCourt of Appeals for the Tenth Circuit · 2008
- Tapanga Hardeman v. David WathenCourt of Appeals for the Seventh Circuit · 2019
- Bliss v. FrancoCourt of Appeals for the Tenth Circuit · 2006
- Olsen v. Layton Hills MallCourt of Appeals for the Tenth Circuit · 2002
417 more not listed; retrieve them via the Exa API.