Legal Opinion
Raymond W. Aswegan v. John Henry, Deputy Warden John Emmett Arthur Anderson Sgt. Gutman Robert Washington and Roger Lawson
Court of Appeals for the Eighth Circuit
Decided March 10, 1995No. 94-1824PublishedCited by 84 opinions
1Opinion of the Court
HANSEN, Circuit Judge.
The defendants appeal the magistrate judge’s order 1 granting an injunction in favor of Raymond Aswegan on his complaint under 42 U.S.C. § 1983 that the defendants subjected him to cruel and unusual punishment in violation of the Eighth Amendment. The magistrate judge found that the defendants violated Aswegan’s Eighth Amendment rights by routinely placing him in a small shower stall during cell “shakedowns” after Aswegan had informed them that the small shower stalls aggravated his asthma and made it difficult for him to breath. The defendants argue that Aswegan failed…
2Cases cited9 opinions
- Farmer v. BrennanSupreme Court of the United States · 1994
- Hudson v. McMillianSupreme Court of the United States · 1992
- Rhodes v. ChapmanSupreme Court of the United States · 1981
- Wilson v. SeiterSupreme Court of the United States · 1991
- Larry Beyerbach v. Hobert Sears, Co II Melvin H. Smith Linda MinshallCourt of Appeals for the Eighth Circuit · 1995
4 more not listed; retrieve them via the Exa API.
3Cited by84 opinions
- Tjymas Blackmore v. Kalamazoo CountyCourt of Appeals for the Sixth Circuit · 2004
- Gee v. PachecoCourt of Appeals for the Tenth Circuit · 2010
- Barton Roberts v. Sergeant KopelCourt of Appeals for the Eighth Circuit · 2019
- Napoleon Hartsfield v. Nurse Janice Colburn Capt. McGregor Dr. Lugwig Capt. McGregor Sheriff Conord Lt. BrundiesCourt of Appeals for the Eighth Circuit · 2004
- Floyd L. Roberson v. Bill BradshawCourt of Appeals for the Eighth Circuit · 1999
79 more not listed; retrieve them via the Exa API.