What is sufficient seriousness to constitute cruel and unusual punishment under the Eighth Amendment?
MultiRegion, United States of America
The following excerpt is from Hurd v. Fredenburgh, 984 F.3d 1075 (2nd Cir. 2021):
sufficient objective seriousness to constitute cruel and unusual punishment under the Eighth Amendment." Id. at 150 (internal quotation marks, alteration, and citation omitted). In doing so, we rejected the inmate's argument that Haygood v. Younger , 769 F.2d 1350, 135253, 1358 (9th Cir. 1985) (en banc)where an inmate remained incarcerated for five years due to an erroneous interpretation of state lawand Sample , 885 F.2d 1099, clearly foreshadowed a constitutional determination.
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