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Constitutional Law
Prisoner's Right
Eighth Amendment

James M. Milliken v. A. Maylin, L.B. Deters

Published: Jan. 31, 2020 | Result Date: Dec. 27, 2019 |

Case number: 18-cv-03209-JSC Summary Judgment –  Defense

Judge

Jacqueline S. Corley

Court

USDC Northern District of California


Attorneys

Plaintiff

Pro Per


Defendant

Iram Hasan
(Office of the Attorney General)

Martine N. D'Agostino
(Office of the Attorney General)


Facts

Plaintiff James Milliken, a California prisoner, filed suit against two officials at Pelican Bay State Prison where plaintiff was formerly housed that involved alleged civil rights violations under 42 U.S.C. Section 1983 and alleged Eighth amendment violations with regard to cruel and unusual punishment.

Contentions

PLAINTIFF'S CONTENTIONS: Plaintiff contended the Pelican Bay State Prison officials violated his constitutional rights when they placed him on contraband surveillance watch for 44 hours. He contended that he was placed in handcuffs attached to waist chains and his hands were restrained. Plaintiff contended that he was under 24-hour observation and illumination, and that he was required to defecate into a bucket and he was subject to fecal searches.

DEFENDANTS' CONTENTIONS: Defendants contended they were entitled to qualified immunity because the law was not clearly established that the conditions plaintiff faced were sufficiently serious to violate the Eighth Amendment.

Result

The court ruled the defendants' were entitled to qualified immunity and granted defendants' motion for summary judgment.


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