Legal Opinion
Jerry Jensen v. Harold Clarke
Court of Appeals for the Eighth Circuit
Decided September 5, 1996No. 95-1105, 95-1115PublishedCited by 3 opinions
1Opinion of the Court
RICHARD S. ARNOLD, Chief Judge.
The Nebraska State Penitentiary (NSP) is forced to house many of its prisoners two men to a cell. This practice, known as “double celling,” requires two men to share a 74-square-foot cell. The District Court 1 held that, while this practice is not a per se constitutional violation, randomly placing two prisoners together under conditions as they exist at the NSP violates the plaintiffs’ right to be free from cruel and unusual punishment. The defendants, the director of the Nebraska State Prison System and the Warden of the NSP, appeal that decision. The…
2Cases cited27 opinions
- Farmer v. BrennanSupreme Court of the United States · 1994
- Harlow v. FitzgeraldSupreme Court of the United States · 1982
- Hensley v. EckerhartSupreme Court of the United States · 1983
- Rhodes v. ChapmanSupreme Court of the United States · 1981
- Wilson v. SeiterSupreme Court of the United States · 1991
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3Cited by3 opinions
- Jensen v. ClarkeCourt of Appeals for the Eighth Circuit · 1996
- Employers Ins. of Wausau v. Tri World Ins. Agency, Inc.Court of Appeals for the Ninth Circuit · 1998
- Jeffery Tokar v. Bill ArmontroutCourt of Appeals for the Eighth Circuit · 1996