Legal Opinion

Kimber v. Tallon

Court of Appeals for the Second Circuit

Decided February 26, 2014No. 11-1430 (L), 11-1554(Con)UnpublishedCited by 7 opinions

1Opinion of the Court

SUMMARY ORDER

Kimber, on behalf of a class of Vermont prisoners, appeals from the judgment of the United States District Court for the District of Vermont (Murtha, J.), granting summary judgment dismissing his claim that 24-hour security lighting in the cells violates the Eighth Amendment’s prohibition against cruel and unusual treatment. The district court appointed the Prisoner Rights Office (“PRO”) of the Vermont Defender General to serve as class counsel. Kimber, as a class representative, argues here (and in the district court) that the PRO’S performance was deficient. We assume the…

2Cases cited5 opinions

  1. Hagan v. RogersCourt of Appeals for the Third Circuit · 2009
  2. Amador v. AndrewsCourt of Appeals for the Second Circuit · 2011
  3. Comer v. CisnerosCourt of Appeals for the Second Circuit · 1994
  4. Maywalt v. Parker & Parsley Petroleum Co.Court of Appeals for the Second Circuit · 1995
  5. Foe v. CuomoCourt of Appeals for the Second Circuit · 1989

3Cited by7 opinions

  1. Goldemberg v. Johnson & Johnson Consumer Companies, Inc.District Court, S.D. New York · 2016
  2. Andrade-Barteldes v. ASA College, Inc.District Court, S.D. New York · 2023
  3. Baker v. American Society of Composers, Authors and PublishersDistrict Court, S.D. New York · 2023
  4. Cavienss v. AlitoDistrict Court, E.D. New York · 2025
  5. In Re Laundress Marketing and Product Liability LitigationDistrict Court, S.D. New York · 2025

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