17 Kentucky opinions name it 2 courts 2003–2024 8 in the last five years
The cases below were cited by Kentucky courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Leonardo Botero Gomez v. United Statesgreen2 sentences2021Gomez v. United States, 899 F.2d 1124, 1126 (11th Cir. 1990) (“[R]elief of an Eighth Amendment violation does not include release from confinement.”); Cook v. Hanberry, 596 F.2d 658, 660 (5th Cir. 1979) (“Assuming [a]rguendo that his allegations of mistreatment demonstrate cruel and unusual punishment, the petitioner still would not be entitled to release from prison. 2021Gomez v. United States, 899 F.2d 1124, 1126 (11th Cir. 1990) (“[R]elief of an Eighth Amendment violation does not include release from confinement.”); Cook v. Hanberry, 596 F.2d 658, 660 (5th Cir. 1979) (“Assuming [a]rguendo that his allegations of mistreatment demonstrate cruel and unusual punishment, the petitioner still would not be entitled to release from prison. | 4 | 4 |
Carl E. Cook v. Jack A. Hanberry, Warden, United States Penitentiary, Atlanta, Georgiagreen2 sentences2021Gomez v. United States, 899 F.2d 1124, 1126 (11th Cir. 1990) (“[R]elief of an Eighth Amendment violation does not include release from confinement.”); Cook v. Hanberry, 596 F.2d 658, 660 (5th Cir. 1979) (“Assuming [a]rguendo that his allegations of mistreatment demonstrate cruel and unusual punishment, the petitioner still would not be entitled to release from prison. 2021Gomez v. United States, 899 F.2d 1124, 1126 (11th Cir. 1990) (“[R]elief of an Eighth Amendment violation does not include release from confinement.”); Cook v. Hanberry, 596 F.2d 658, 660 (5th Cir. 1979) (“Assuming [a]rguendo that his allegations of mistreatment demonstrate cruel and unusual punishment, the petitioner still would not be entitled to release from prison. | 3 | 3 |
cluster 520668green2 sentences2020Although we approach the justiciability of these cases under the standing doctrine, application of the related ripeness doctrine has likewise resulted in courts dismissing premature claims and vacating premature decisions in the context of an Eighth Amendment challenge.12 For example, in 18 Unnamed “John Smith” Prisoners v. Meese, 871 F.2d 881, 882-83 (9th Cir. 1989), the Ninth Circuit Court of Appeals vacated a summary judgment in favor of the government in a case involving an Eighth Amendment challenge to a proposed double bunking plan as cruel and unusual punishment. 2020Although we approach the justiciability of these cases under the standing doctrine, application of the related ripeness doctrine has likewise resulted in courts dismissing premature claims and vacating premature decisions in the context of an Eighth Amendment challenge.12 For example, in 18 Unnamed “John Smith” Prisoners v. Meese, 871 F.2d 881, 882-83 (9th Cir. 1989), the Ninth Circuit Court of Appeals vacated a summary judgment in favor of the government in a case involving an Eighth Amendment challenge to a proposed double bunking plan as cruel and unusual punishment. | 3 | 3 |
Broadrick v. Oklahomagreen2 sentences2020See Broadrick v. Oklahoma, 413 U.S. 601, 612 (1973); Dougherty v. Town ofN. 2020See Broadrick v. Oklahoma, 413 U.S. 601, 612 (1973); Dougherty v. Town ofN. | 3 | 3 |
Valley Forge Christian College v. Americans United for Separation of Church and State, Inc.green2 sentences2020The Ninth Circuit, finding the inmates’ claims were not sufficiently concrete to warrant judicial 11 Requiring the litigant to prove “actual injury” “tends to assure that the legal questions presented to the court will be resolved, not in the ratified atmosphere of a debating society, but in a concrete factual context conducive to a realistic appreciation of the consequences of judicial action.” Valley Forge Christian College v. Americans United for Separation of Church and State, Inc., 454 U.S. 464, 472 (1982). 2020The Ninth Circuit, finding the inmates’ claims were not sufficiently concrete to warrant judicial 11 Requiring the litigant to prove “actual injury” “tends to assure that the legal questions presented to the court will be resolved, not in the ratified atmosphere of a debating society, but in a concrete factual context conducive to a realistic appreciation of the consequences of judicial action.” Valley Forge Christian College v. Americans United for Separation of Church and State, Inc., 454 U.S. 464, 472 (1982). | 3 | 3 |
Fields v. Commonwealthgreen1 sentence2024As such, this Court will not address them. 9 The Commonwealth argues this issue was waived and although cites a number of cases in support this proposition, none of the cases cited involve the issue of restitution. 10 576 (Ky. 2010) (citing Fields v. Commonwealth, 123 S.W.3d 914, 918 (Ky. App. 2003)). | 1 | 1 |
Coleman v. Thompsongreen2 sentences2005See United States v. Aguilar-Muniz, 156 F.3d 974, 978 (9th Cir. 1998)."); In re Grand Jury Proceedings, 33 F.3d 1060, 1062 (9th Cir.1994) ("The time to raise the issue of an Eighth Amendment violation of his right to be free from excessive fines is after the imposition of such a fine."). [12] Coleman v. Thompson, 501 U.S. 722, 750 , 111 S.Ct. 2546, 2565 (1991). [13] Sawyer v. Whitley, 505 U.S. 333, 345 , 112 S.Ct. 2514, 2522 , 120 L.Ed.2d 269 (1992). [14] KRS 532.130(2). 2005See United States v. Aguilar-Muniz, 156 F.3d 974, 978 (9th Cir. 1998)."); In re Grand Jury Proceedings, 33 F.3d 1060, 1062 (9th Cir.1994) ("The time to raise the issue of an Eighth Amendment violation of his right to be free from excessive fines is after the imposition of such a fine."). [12] Coleman v. Thompson, 501 U.S. 722, 750 , 111 S.Ct. 2546, 2565 (1991). [13] Sawyer v. Whitley, 505 U.S. 333, 345 , 112 S.Ct. 2514, 2522 , 120 L.Ed.2d 269 (1992). [14] KRS 532.130(2). | 1 | 1 |
UNITED STATES of America, Plaintiff-Appellee, v. Francisco AGUILAR-MUNIZ, Defendant-Appellantgreen2 sentences2005See United States v. Aguilar-Muniz, 156 F.3d 974, 978 (9th Cir.1998).”); In re Grand Jury Proceedings, 33 F.3d 1060, 1062 (9th Cir.1994) ("The time to raise the issue of an Eighth Amendment violation of his right to be free from excessive fines is after the imposition of such a fine.”). . 2005See United States v. Aguilar-Muniz, 156 F.3d 974, 978 (9th Cir.1998).”); In re Grand Jury Proceedings, 33 F.3d 1060, 1062 (9th Cir.1994) ("The time to raise the issue of an Eighth Amendment violation of his right to be free from excessive fines is after the imposition of such a fine.”). . | 1 | 1 |
Goodman v. United Statesgreen2 sentences2005See United States v. Aguilar-Muniz, 156 F.3d 974, 978 (9th Cir.1998).”); In re Grand Jury Proceedings, 33 F.3d 1060, 1062 (9th Cir.1994) ("The time to raise the issue of an Eighth Amendment violation of his right to be free from excessive fines is after the imposition of such a fine.”). . 2005See United States v. Aguilar-Muniz, 156 F.3d 974, 978 (9th Cir.1998).”); In re Grand Jury Proceedings, 33 F.3d 1060, 1062 (9th Cir.1994) ("The time to raise the issue of an Eighth Amendment violation of his right to be free from excessive fines is after the imposition of such a fine.”). . | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Kentucky. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
District Attorney's Office for the Third Judicial District v. Osborne
green
2 sentences2011The absence of a federal constitutional right to postconviction DNA evidence forecloses [Appellant's] Eighth Amendment claim, which rested upon his due process argument."' (quoting Osborne, 129 S.Ct. at 2316 ; Young v. Philadelphia County Dist. 2011The absence of a federal constitutional right to postconviction DNA evidence forecloses [Appellant's] Eighth Amendment claim, which rested upon his due process argument."' (quoting Osborne, 129 S.Ct. at 2316 ; Young v. Philadelphia County Dist. | 3 | 2011–2011 |
Young v. Philadelphia County District Attorney's Office
neutral
2 sentences2011Attorney’s Office, 341 Fed.Appx. 843 , 846 (3d Cir.2009)). 3. 2010Attorney’s Office, 341 Fed.Appx. 843 , 846 (3d Cir.2009). | 2 | 2010–2011 |
Farmer v. Brennan
green
1 sentence2021As Davidson has failed to satisfy the requirements as set forth in Farmer, 511 U.S. at 833 , for a successful Eighth Amendment claim, we cannot grant Davidson the relief requested. | 1 | 2021–2021 |
Stanford v. Commonwealth
green
2 sentences2021Stanford V, 248 S.W.3d at 581 . 2021Stanford V, 248 S.W.3d at 581 . | 1 | 2021–2021 |
Craig Wilson v. Mark Williams
green
2 sentences2021The Sixth Circuit recently considered an Eighth Amendment claim relating to COVID-19 in Wilson v. Williams, 961 F.3d 829 (6th Cir. 2020). 2021The Sixth Circuit recently considered an Eighth Amendment claim relating to COVID-19 in Wilson v. Williams, 961 F.3d 829 (6th Cir. 2020). | 1 | 2021–2021 |
Commonwealth v. Claycomb
green
2 sentences2020“Eighth Amendment scrutiny is 10 The United States Supreme Court has identified the five major justiciability doctrines as: “(1) the prohibition against advisory opinions, (2) standing, (3) ripeness, (4) mootness, and (5) the political-question doctrines.” 566 S.W.3d at 193 . 12 appropriate only after the State has complied with the constitutional guarantees traditionally associated with criminal prosecutions. . . . [T]he State does not acquire the power to punish with which the Eighth Amendment is concerned until after it has secured a formal adjudication of guilt in accordance with due proce 2020“Eighth Amendment scrutiny is 10 The United States Supreme Court has identified the five major justiciability doctrines as: “(1) the prohibition against advisory opinions, (2) standing, (3) ripeness, (4) mootness, and (5) the political-question doctrines.” 566 S.W.3d at 193 . 12 appropriate only after the State has complied with the constitutional guarantees traditionally associated with criminal prosecutions. . . . [T]he State does not acquire the power to punish with which the Eighth Amendment is concerned until after it has secured a formal adjudication of guilt in accordance with due proce | 1 | 2020–2020 |
Sawyer v. Whitley
green
2 sentences2005See United States v. Aguilar-Muniz, 156 F.3d 974, 978 (9th Cir. 1998)."); In re Grand Jury Proceedings, 33 F.3d 1060, 1062 (9th Cir.1994) ("The time to raise the issue of an Eighth Amendment violation of his right to be free from excessive fines is after the imposition of such a fine."). [12] Coleman v. Thompson, 501 U.S. 722, 750 , 111 S.Ct. 2546, 2565 (1991). [13] Sawyer v. Whitley, 505 U.S. 333, 345 , 112 S.Ct. 2514, 2522 , 120 L.Ed.2d 269 (1992). [14] KRS 532.130(2). 2005See United States v. Aguilar-Muniz, 156 F.3d 974, 978 (9th Cir. 1998)."); In re Grand Jury Proceedings, 33 F.3d 1060, 1062 (9th Cir.1994) ("The time to raise the issue of an Eighth Amendment violation of his right to be free from excessive fines is after the imposition of such a fine."). [12] Coleman v. Thompson, 501 U.S. 722, 750 , 111 S.Ct. 2546, 2565 (1991). [13] Sawyer v. Whitley, 505 U.S. 333, 345 , 112 S.Ct. 2514, 2522 , 120 L.Ed.2d 269 (1992). [14] KRS 532.130(2). | 1 | 2005–2005 |
Lockyer v. Andrade
green
2 sentences2003Recently, the United States Supreme Court upheld in Lockyer v. Andrade, 538 U.S. 63 , 123 S.Ct. 1166 , 155 L.Ed.2d 144 (2003), California’s “three strikes” law, perhaps the strictest habitual offender statute in the nation, against an Eighth Amendment challenge. 2003Recently, the United States Supreme Court upheld in Lockyer v. Andrade, 538 U.S. 63 , 123 S.Ct. 1166 , 155 L.Ed.2d 144 (2003), California’s “three strikes” law, perhaps the strictest habitual offender statute in the nation, against an Eighth Amendment challenge. | 1 | 2003–2003 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.