13 Delaware opinions name it 3 courts 1988–2022 5 in the last five years
The cases below were cited by Delaware 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 |
|---|---|---|
No. 01-3449green2 sentences2022Facility, 318 F.3d 575, 582 (3d Cir. 2003)) (internal quotation marks omitted); see also Szubielski, 2014 WL 5500229 , at *2 (“To succeed on an Eighth Amendment claim, a plaintiff bears the burden of proving a serious medical need as well as the defendant’s deliberate indifference in response.”) (citation omitted). 11 serious harm exists, and he must also draw the inference.”70 “[P]rison authorities are accorded considerable latitude in the diagnosis and treatment of prisoners.”71 “Allegations of negligence or challenges of a physician’s professional judgment do not state a claim.”72 The Third 2022Facility, 318 F.3d 575, 582 (3d Cir. 2003)) (internal quotation marks omitted); see also Szubielski, 2014 WL 5500229 , at *2 (“To succeed on an Eighth Amendment claim, a plaintiff bears the burden of proving a serious medical need as well as the defendant’s deliberate indifference in response.”) (citation omitted). 11 serious harm exists, and he must also draw the inference.”70 “[P]rison authorities are accorded considerable latitude in the diagnosis and treatment of prisoners.”71 “Allegations of negligence or challenges of a physician’s professional judgment do not state a claim.”72 The Third | 1 | 2 |
Farmer v. Brennangreen2 sentences2021Moreover, speculative allegations of future harm devoid of urgency or specificity are insufficient for sustaining a writ of mandamus and an Eighth Amendment claim. 35 Here, Mr. Melvin does not allege anything particularly unsafe 33 Farmer v. Brennan, 511 U.S. 825 , 837–38 (1994) (citations omitted). 34 Brittingham, 113 A.3d at 524 . 35 E.g., Pleasonton v. Hugg, 2010 WL 5313228 , at *1–2 (Del. 2021Moreover, speculative allegations of future harm devoid of urgency or specificity are insufficient for sustaining a writ of mandamus and an Eighth Amendment claim. 35 Here, Mr. Melvin does not allege anything particularly unsafe 33 Farmer v. Brennan, 511 U.S. 825 , 837–38 (1994) (citations omitted). 34 Brittingham, 113 A.3d at 524 . 35 E.g., Pleasonton v. Hugg, 2010 WL 5313228 , at *1–2 (Del. | 1 | 2 |
Estelle v. Gamblegreen2 sentences2020Oct. 31, 2014) (quoting Estelle v. Gamble, 429 U.S. 97, 103 (1976)). 7 Johnson v. Connections Cmty. Support Programs, Inc., 196 A.3d 412 , 2018 WL 5044331 , at *2 (citing Estelle, 429 U.S. at 104 ). 8 Szubielski, 2014 WL 5500229 , at *3. 9 Id. at *2 ( holding that to succeed on an Eighth Amendment claim, the moving party must prove a serious medical need which the defendant disregarded). 2 Court will only consider the Defendant’s Motion under Rule 35(b). 4. 2020Oct. 31, 2014) (quoting Estelle v. Gamble, 429 U.S. 97, 103 (1976)). 7 Johnson v. Connections Cmty. Support Programs, Inc., 196 A.3d 412 , 2018 WL 5044331 , at *2 (citing Estelle, 429 U.S. at 104 ). 8 Szubielski, 2014 WL 5500229 , at *3. 9 Id. at *2 ( holding that to succeed on an Eighth Amendment claim, the moving party must prove a serious medical need which the defendant disregarded). 2 Court will only consider the Defendant’s Motion under Rule 35(b). 4. | 1 | 2 |
Joel E. Durmer v. Dr. J. O'carroll, M.D. Robert C. Barker William Fauver, Joel Durmergreen2 sentences2022Facility, 318 F.3d 575, 582 (3d Cir. 2003)) (internal quotation marks omitted); see also Szubielski, 2014 WL 5500229 , at *2 (“To succeed on an Eighth Amendment claim, a plaintiff bears the burden of proving a serious medical need as well as the defendant’s deliberate indifference in response.”) (citation omitted). 11 serious harm exists, and he must also draw the inference.”70 “[P]rison authorities are accorded considerable latitude in the diagnosis and treatment of prisoners.”71 “Allegations of negligence or challenges of a physician’s professional judgment do not state a claim.”72 The Third 2022Facility, 318 F.3d 575, 582 (3d Cir. 2003)) (internal quotation marks omitted); see also Szubielski, 2014 WL 5500229 , at *2 (“To succeed on an Eighth Amendment claim, a plaintiff bears the burden of proving a serious medical need as well as the defendant’s deliberate indifference in response.”) (citation omitted). 11 serious harm exists, and he must also draw the inference.”70 “[P]rison authorities are accorded considerable latitude in the diagnosis and treatment of prisoners.”71 “Allegations of negligence or challenges of a physician’s professional judgment do not state a claim.”72 The Third | 1 | 1 |
Helling v. McKinneygreen2 sentences2021Ct. Nov. 29, 2010); see Helling v. McKinney, 509 U.S. 25 , 33–35 (1993) (recognizing an Eighth Amendment claim based on future harm where the “unreasonable risk” of future 8 about JTVCC, beyond that it is a prison, or deficient about its medical protocols, other than that it is not a hospital. 2021Ct. Nov. 29, 2010); see Helling v. McKinney, 509 U.S. 25 , 33–35 (1993) (recognizing an Eighth Amendment claim based on future harm where the “unreasonable risk” of future 8 about JTVCC, beyond that it is a prison, or deficient about its medical protocols, other than that it is not a hospital. | 1 | 1 |
State of Delaware v. Remedio.green1 sentence2021See Remedio, 108 A.3d 326, 330-31 (explaining that “the circumstances under which this [inherent] authority is exercised are rare, and the requirements for such must be adhered to strictly” then describing those exacting requirements). 16 Def. | 1 | 1 |
Evans v. Stategreen1 sentence2017Fountain’s completion of numerous rehabilitative programs in prison is commendable, but does not serve as the basis for sentence reduction under Rule 35(b).5 Fountain’s conclusory Eighth Amendment claim, which is based on his 3 State v. Culp, 152 A.3d 141, 144 (Del. 2016). 4 Super. | 1 | 1 |
Jenkins v. County of Hennepin, Minn.green1 sentence2015Appx. 143, 145-46 (2d Cir. 2012) (delay of only a few hours in treating inmate for injury to compressed vertebrae and arthritis in his back failed to state Eighth Amendment claim); Jenkins v. Cnty. of Hennepin, 557 F.3d 628, 632-33 (8th Cir. 2009) (delay of one day or two to treat inmate for swollen jaw and jaw pain was not deliberate indifference). 6 entitled to judgment as a matter of law and the motion for summary judgment must be granted. | 1 | 1 |
Wainwright v. Stategreen1 sentence2014Ct. R. 8; Harris v. State, 968 A.2d 32, 35 (Del. 2009). 27 Wainwright v. State, 504 A.2d 1096, 1100 (Del. 1986). 11 to cross-examine the State’s witnesses. | 1 | 1 |
Harris v. Stategreen1 sentence2014Ct. R. 8; Harris v. State, 968 A.2d 32, 35 (Del. 2009). 27 Wainwright v. State, 504 A.2d 1096, 1100 (Del. 1986). 11 to cross-examine the State’s witnesses. | 1 | 1 |
West v. Atkinsgreen2 sentences2014The Howell court cites West v. Atkins, in which the United States Supreme Court found that “a physician employed by North Carolina to provide medical services to state prison inmates[] acted under color of state law for purposes of § 1983 when undertaking his duties in treating petitioner’s injury.” 487 U.S. 42, 54 (1988). 32 In Natale, the Third Circuit Court of Appeals noted that the defendant (a private provider of health care services to the county prison) did not challenge its status as a state actor and proceeded to analyze the Eighth Amendment claim. 318 F.3d at 581 & n.4. 2014The Howell court cites West v. Atkins, in which the United States Supreme Court found that “a physician employed by North Carolina to provide medical services to state prison inmates[] acted under color of state law for purposes of § 1983 when undertaking his duties in treating petitioner’s injury.” 487 U.S. 42, 54 (1988). 32 In Natale, the Third Circuit Court of Appeals noted that the defendant (a private provider of health care services to the county prison) did not challenge its status as a state actor and proceeded to analyze the Eighth Amendment claim. 318 F.3d at 581 & n.4. | 1 | 1 |
Rummel v. Estellegreen2 sentences1988Id. at 295-303 , 100 S.Ct. at 1150-1154 (Powell, J., dissenting). *171 Following Rummel , the Court applied an Eighth Amendment analysis to a review of the constitutionality of a sentence of forty years imprisonment for possession of less than nine ounces of marijuana. 1988Id. at 295-303 , 100 S.Ct. at 1150-1154 (Powell, J., dissenting). *171 Following Rummel , the Court applied an Eighth Amendment analysis to a review of the constitutionality of a sentence of forty years imprisonment for possession of less than nine ounces of marijuana. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Delaware. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Blackston v. Correctional Medical Services, Inc.
green
2 sentences2022Because here was no Eighth Amendment violation on the part of the individual defendants, there can be no derivative 55 Id. 56 Id. 57 Id. 58 Id., at Ex. 2022Because here was no Eighth Amendment violation on the part of the individual defendants, there can be no derivative 55 Id. 56 Id. 57 Id. 58 Id., at Ex. | 2 | 2022–2022 |
Donald Parkell v. Carl Danberg
green
2 sentences2022Facility, 318 F.3d 575, 582 (3d Cir. 2003)) (internal quotation marks omitted); see also Szubielski, 2014 WL 5500229 , at *2 (“To succeed on an Eighth Amendment claim, a plaintiff bears the burden of proving a serious medical need as well as the defendant’s deliberate indifference in response.”) (citation omitted). 11 serious harm exists, and he must also draw the inference.”70 “[P]rison authorities are accorded considerable latitude in the diagnosis and treatment of prisoners.”71 “Allegations of negligence or challenges of a physician’s professional judgment do not state a claim.”72 The Third 2022Facility, 318 F.3d 575, 582 (3d Cir. 2003)) (internal quotation marks omitted); see also Szubielski, 2014 WL 5500229 , at *2 (“To succeed on an Eighth Amendment claim, a plaintiff bears the burden of proving a serious medical need as well as the defendant’s deliberate indifference in response.”) (citation omitted). 11 serious harm exists, and he must also draw the inference.”70 “[P]rison authorities are accorded considerable latitude in the diagnosis and treatment of prisoners.”71 “Allegations of negligence or challenges of a physician’s professional judgment do not state a claim.”72 The Third | 1 | 2022–2022 |
Brittingham v. Town of Georgetown
green
2 sentences2021Moreover, speculative allegations of future harm devoid of urgency or specificity are insufficient for sustaining a writ of mandamus and an Eighth Amendment claim. 35 Here, Mr. Melvin does not allege anything particularly unsafe 33 Farmer v. Brennan, 511 U.S. 825 , 837–38 (1994) (citations omitted). 34 Brittingham, 113 A.3d at 524 . 35 E.g., Pleasonton v. Hugg, 2010 WL 5313228 , at *1–2 (Del. 2021Moreover, speculative allegations of future harm devoid of urgency or specificity are insufficient for sustaining a writ of mandamus and an Eighth Amendment claim. 35 Here, Mr. Melvin does not allege anything particularly unsafe 33 Farmer v. Brennan, 511 U.S. 825 , 837–38 (1994) (citations omitted). 34 Brittingham, 113 A.3d at 524 . 35 E.g., Pleasonton v. Hugg, 2010 WL 5313228 , at *1–2 (Del. | 1 | 2021–2021 |
Petty v. State
green
2 sentences2020Oct. 31, 2014) (quoting Estelle v. Gamble, 429 U.S. 97, 103 (1976)). 7 Johnson v. Connections Cmty. Support Programs, Inc., 196 A.3d 412 , 2018 WL 5044331 , at *2 (citing Estelle, 429 U.S. at 104 ). 8 Szubielski, 2014 WL 5500229 , at *3. 9 Id. at *2 ( holding that to succeed on an Eighth Amendment claim, the moving party must prove a serious medical need which the defendant disregarded). 2 Court will only consider the Defendant’s Motion under Rule 35(b). 4. 2020Oct. 31, 2014) (quoting Estelle v. Gamble, 429 U.S. 97, 103 (1976)). 7 Johnson v. Connections Cmty. Support Programs, Inc., 196 A.3d 412 , 2018 WL 5044331 , at *2 (citing Estelle, 429 U.S. at 104 ). 8 Szubielski, 2014 WL 5500229 , at *3. 9 Id. at *2 ( holding that to succeed on an Eighth Amendment claim, the moving party must prove a serious medical need which the defendant disregarded). 2 Court will only consider the Defendant’s Motion under Rule 35(b). 4. | 1 | 2020–2020 |
Sumner v. Shuman
green
2 sentences2016In Proffitt v. Florida,93 the Court recognized ―that jury sentencing in a capital case can perform an important societal function,‖ but nevertheless explained that the Court had ―never suggested 88 See Sumner v. Shuman, 483 U.S. 66 , 77–78 (1987). 89 See, e.g., Margaret Jane Radin, The Jurisprudence of Death: Evolving Standards for the Cruel and Unusual Punishments Clause, 126 U. PA. 2016In Proffitt v. Florida,93 the Court recognized ―that jury sentencing in a capital case can perform an important societal function,‖ but nevertheless explained that the Court had ―never suggested 88 See Sumner v. Shuman, 483 U.S. 66 , 77–78 (1987). 89 See, e.g., Margaret Jane Radin, The Jurisprudence of Death: Evolving Standards for the Cruel and Unusual Punishments Clause, 126 U. PA. | 1 | 2016–2016 |
Thompson v. Oklahoma
green
2 sentences1990Accordingly, the Court has separately considered the constitutionality of imposing the death penalty upon certain classes of offenders, e.g., Thompson v. Oklahoma, 487 U.S. 815 , 108 S.Ct. 2687 , 101 L.Ed.2d 702 (1988) (plurality *136 opinion) (unconstitutional to execute defendant who committed crime at age of fifteen), or as the punishment for certain crimes, Coker v. Georgia, 433 U.S. 584 , 97 S.Ct. 2861 , 53 L.Ed.2d 982 (1977) plurality opinion) (unconstitutional to execute defendant convicted of rape). 1990Accordingly, the Court has separately considered the constitutionality of imposing the death penalty upon certain classes of offenders, e.g., Thompson v. Oklahoma, 487 U.S. 815 , 108 S.Ct. 2687 , 101 L.Ed.2d 702 (1988) (plurality *136 opinion) (unconstitutional to execute defendant who committed crime at age of fifteen), or as the punishment for certain crimes, Coker v. Georgia, 433 U.S. 584 , 97 S.Ct. 2861 , 53 L.Ed.2d 982 (1977) plurality opinion) (unconstitutional to execute defendant convicted of rape). | 1 | 1990–1990 |
Coker v. Georgia
green
2 sentences1990Accordingly, the Court has separately considered the constitutionality of imposing the death penalty upon certain classes of offenders, e.g., Thompson v. Oklahoma, 487 U.S. 815 , 108 S.Ct. 2687 , 101 L.Ed.2d 702 (1988) (plurality *136 opinion) (unconstitutional to execute defendant who committed crime at age of fifteen), or as the punishment for certain crimes, Coker v. Georgia, 433 U.S. 584 , 97 S.Ct. 2861 , 53 L.Ed.2d 982 (1977) plurality opinion) (unconstitutional to execute defendant convicted of rape). 1990Accordingly, the Court has separately considered the constitutionality of imposing the death penalty upon certain classes of offenders, e.g., Thompson v. Oklahoma, 487 U.S. 815 , 108 S.Ct. 2687 , 101 L.Ed.2d 702 (1988) (plurality *136 opinion) (unconstitutional to execute defendant who committed crime at age of fifteen), or as the punishment for certain crimes, Coker v. Georgia, 433 U.S. 584 , 97 S.Ct. 2861 , 53 L.Ed.2d 982 (1977) plurality opinion) (unconstitutional to execute defendant convicted of rape). | 1 | 1990–1990 |
Gregg v. Georgia
green
2 sentences1990Although the United States Supreme Court has upheld the death penalty itself against Eighth Amendment challenge, Gregg v. Georgia, 428 U.S. 153 , 96 S.Ct. 2909 , 49 L.Ed.2d 859 (1976) (plurality opinion), it has recognized that execution is “unique in its severity and irrevocability.” Id. at 187 , 96 S.Ct. at 2931-32. 1990Although the United States Supreme Court has upheld the death penalty itself against Eighth Amendment challenge, Gregg v. Georgia, 428 U.S. 153 , 96 S.Ct. 2909 , 49 L.Ed.2d 859 (1976) (plurality opinion), it has recognized that execution is “unique in its severity and irrevocability.” Id. at 187 , 96 S.Ct. at 2931-32. | 1 | 1990–1990 |
Hutto v. Davis
green
2 sentences1988Hutto v. Davis, 454 U.S. 370, 372-75 , 102 S.Ct. 703, 704-06 , 70 L.Ed.2d 556 (1982) (per curiam). 1988Hutto v. Davis, 454 U.S. 370, 372-75 , 102 S.Ct. 703, 704-06 , 70 L.Ed.2d 556 (1982) (per curiam). | 1 | 1988–1988 |
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.