Legal Opinion
David L. Pelfrey v. Sean Chambers Larry Closser, Correction Officers, Individually and in Their Official Capacities
Court of Appeals for the Sixth Circuit
Decided January 5, 1995No. 93-3278PublishedCited by 228 opinions
1Opinion of the Court
GILMORE, D.J., delivered the opinion of the court, in which JONES, J., joined. BATCHELDER, J. (pp. 1038-1040), delivered a separate dissenting opinion.
GILMORE, District Judge.
This case presents the question of whether the isolated and unauthorized use of force by a prison guard on an inmate constitutes “punishment” within the meaning of the Eighth Amendment. The district court concluded that a spontaneous assault does not state a cognizable claim under the Eighth Amendment. For the reasons set forth below, we reverse.
I
Appellant David L. Pelfrey filed this action under 42 U.S.C. § 1983. In his…
2Cases cited11 opinions
- Graham v. ConnorSupreme Court of the United States · 1989
- Hudson v. McMillianSupreme Court of the United States · 1992
- Whitley v. AlbersSupreme Court of the United States · 1986
- Ingraham v. WrightSupreme Court of the United States · 1977
- Wells v. BrownCourt of Appeals for the Sixth Circuit · 1989
6 more not listed; retrieve them via the Exa API.
3Cited by228 opinions
- Williams v. CurtinCourt of Appeals for the Sixth Circuit · 2011
- Paul Thompson, Jr. v. Commonwealth of VirginiaCourt of Appeals for the Fourth Circuit · 2017
- Ronald Combs, Jason Robb, and George Skatzes v. Reginald Wilkinson, Director of the Ohio Department of Rehabilitation and CorrectionCourt of Appeals for the Sixth Circuit · 2002
- Virgil Abdur-Rahman v. Michigan Department of Corrections, Kenneth McGinnisCourt of Appeals for the Sixth Circuit · 1995
- Phillip Cordell v. Glen McKinneyCourt of Appeals for the Sixth Circuit · 2014
223 more not listed; retrieve them via the Exa API.