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8 Minnesota opinions name it 2 courts 1976–2024 1 in the last five years
The cases below were cited by Minnesota 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 |
|---|---|---|
Frank Howard v. George Adkison and Henry Jacksongreen2 sentences2024The Eighth Circuit has explained that, under the Eighth Amendment, incarcerated persons “are entitled to reasonably adequate sanitation, personal hygiene, and laundry privileges, 4 particularly over a lengthy course of time.” Howard v. Adkison, 887 F.2d 134, 137 (8th Cir. 1989). 2024The Eighth Circuit has explained that, under the Eighth Amendment, incarcerated persons “are entitled to reasonably adequate sanitation, personal hygiene, and laundry privileges, 4 particularly over a lengthy course of time.” Howard v. Adkison, 887 F.2d 134, 137 (8th Cir. 1989). | 1 | 1 |
Farmer v. Brennangreen2 sentences2024See Farmer, 511 U.S. at 834 . 2024See Farmer, 511 U.S. at 834 . | 1 | 1 |
Wilson v. Seitergreen2 sentences2024While the Constitution “does not mandate comfortable prisons,” a deprivation that denies an incarcerated person “the minimal civilized measure of life’s necessities” is “sufficiently grave to form the basis of an Eighth Amendment violation.” Wilson v. Seiter, 501 U.S. 294, 298 (1991) (quotations omitted). 2024While the Constitution “does not mandate comfortable prisons,” a deprivation that denies an incarcerated person “the minimal civilized measure of life’s necessities” is “sufficiently grave to form the basis of an Eighth Amendment violation.” Wilson v. Seiter, 501 U.S. 294, 298 (1991) (quotations omitted). | 1 | 1 |
State v. Bergergreen2 sentences2017To do so produces the ridiculous consequence of enabling a prisoner, simply by recidivat-ing, to generate a colorable' Eighth Amendment claim.”); Hawkins v. Hargett, 200 F.3d 1279 , 1285 n.5 (10th Cir. 1999) (explaining that the “Eighth Amendment analysis focuses on the sentence imposed for each specific crime, not on the cumulative sentence”); United States v. Aiello, 864 F.2d 257, 265 (2d Cir. 1988) (same); State v. Berger, 212 Ariz. 473 , 134 P.3d 378, 380, 384 (2006) (affirming a 200-year sentence for multiple acts of child pornography because “[a] defendant has no constitutional right to 2017To do so produces the ridiculous consequence of enabling a prisoner, simply by recidivat-ing, to generate a colorable' Eighth Amendment claim.”); Hawkins v. Hargett, 200 F.3d 1279 , 1285 n.5 (10th Cir. 1999) (explaining that the “Eighth Amendment analysis focuses on the sentence imposed for each specific crime, not on the cumulative sentence”); United States v. Aiello, 864 F.2d 257, 265 (2d Cir. 1988) (same); State v. Berger, 212 Ariz. 473 , 134 P.3d 378, 380, 384 (2006) (affirming a 200-year sentence for multiple acts of child pornography because “[a] defendant has no constitutional right to | 1 | 1 |
United States v. Antonino Aiellogreen2 sentences2017To do so produces the ridiculous consequence of enabling a prisoner, simply by recidivat-ing, to generate a colorable' Eighth Amendment claim.”); Hawkins v. Hargett, 200 F.3d 1279 , 1285 n.5 (10th Cir. 1999) (explaining that the “Eighth Amendment analysis focuses on the sentence imposed for each specific crime, not on the cumulative sentence”); United States v. Aiello, 864 F.2d 257, 265 (2d Cir. 1988) (same); State v. Berger, 212 Ariz. 473 , 134 P.3d 378, 380, 384 (2006) (affirming a 200-year sentence for multiple acts of child pornography because “[a] defendant has no constitutional right to 2017To do so produces the ridiculous consequence of enabling a prisoner, simply by recidivat-ing, to generate a colorable' Eighth Amendment claim.”); Hawkins v. Hargett, 200 F.3d 1279 , 1285 n.5 (10th Cir. 1999) (explaining that the “Eighth Amendment analysis focuses on the sentence imposed for each specific crime, not on the cumulative sentence”); United States v. Aiello, 864 F.2d 257, 265 (2d Cir. 1988) (same); State v. Berger, 212 Ariz. 473 , 134 P.3d 378, 380, 384 (2006) (affirming a 200-year sentence for multiple acts of child pornography because “[a] defendant has no constitutional right to | 1 | 1 |
State v. Buchholdgreen2 sentences2017To do so produces the ridiculous consequence of enabling a prisoner, simply by recidivat-ing, to generate a colorable' Eighth Amendment claim.”); Hawkins v. Hargett, 200 F.3d 1279 , 1285 n.5 (10th Cir. 1999) (explaining that the “Eighth Amendment analysis focuses on the sentence imposed for each specific crime, not on the cumulative sentence”); United States v. Aiello, 864 F.2d 257, 265 (2d Cir. 1988) (same); State v. Berger, 212 Ariz. 473 , 134 P.3d 378, 380, 384 (2006) (affirming a 200-year sentence for multiple acts of child pornography because “[a] defendant has no constitutional right to 2017To do so produces the ridiculous consequence of enabling a prisoner, simply by recidivat-ing, to generate a colorable' Eighth Amendment claim.”); Hawkins v. Hargett, 200 F.3d 1279 , 1285 n.5 (10th Cir. 1999) (explaining that the “Eighth Amendment analysis focuses on the sentence imposed for each specific crime, not on the cumulative sentence”); United States v. Aiello, 864 F.2d 257, 265 (2d Cir. 1988) (same); State v. Berger, 212 Ariz. 473 , 134 P.3d 378, 380, 384 (2006) (affirming a 200-year sentence for multiple acts of child pornography because “[a] defendant has no constitutional right to | 1 | 1 |
State v. Jonasgreen2 sentences2017To do so produces the ridiculous consequence of enabling a prisoner, simply by recidivat-ing, to generate a colorable' Eighth Amendment claim.”); Hawkins v. Hargett, 200 F.3d 1279 , 1285 n.5 (10th Cir. 1999) (explaining that the “Eighth Amendment analysis focuses on the sentence imposed for each specific crime, not on the cumulative sentence”); United States v. Aiello, 864 F.2d 257, 265 (2d Cir. 1988) (same); State v. Berger, 212 Ariz. 473 , 134 P.3d 378, 380, 384 (2006) (affirming a 200-year sentence for multiple acts of child pornography because “[a] defendant has no constitutional right to 2017To do so produces the ridiculous consequence of enabling a prisoner, simply by recidivat-ing, to generate a colorable' Eighth Amendment claim.”); Hawkins v. Hargett, 200 F.3d 1279 , 1285 n.5 (10th Cir. 1999) (explaining that the “Eighth Amendment analysis focuses on the sentence imposed for each specific crime, not on the cumulative sentence”); United States v. Aiello, 864 F.2d 257, 265 (2d Cir. 1988) (same); State v. Berger, 212 Ariz. 473 , 134 P.3d 378, 380, 384 (2006) (affirming a 200-year sentence for multiple acts of child pornography because “[a] defendant has no constitutional right to | 1 | 1 |
Budder v. Addisongreen2 sentences2017Okla. 2016), rev’d, 851 F.3d 1047 (10th Cir. 2017) (quoting Hawkins, 200 F.3d at 1285 n.5). 2017Recently, the Tenth Circuit Court of Appeals reversed a denial of a writ of habeas corpus in a case involving a juvenile offender who was sentenced to three consecutive life sentences for nonhomicide crimes, Budder v. Addison, 851 F.3d 1047, 1060 (10th Cir. 2017), The district court had reasoned that extending Graham to the consecutive sentences would be "contrary to the traditional focus of Eighth Amendment analysis, which, the Tenth Circuit has repeatedly stated, is ‘on the sentence imposed for each specific crime, not on the cumulative sentence or multiple crimes.’ ” Budder v. Addison, 169 | 1 | 1 |
Alex Pearson v. Anthony Ramosgreen2 sentences2017In the second category of cases, every state supreme court and federal circuit court that has acknowledged the Court’s dictum in O’Neil has rejected an Eighth Amendment challenge to consecutive sentences. 6 See, e.g., Hawkins, 200 F.3d at 1285 & n.5 (affirming the juvenile’s consecutive sentences, which totaled 100 years, explaining that the “Eighth Amendment analysis focuses on the sentence imposed for each specific crime, not on the cumulative sentence for multiple crimes”); Aiello, 864 F.2d at 265 (affirming the defendant’s consecutive sentences, which totaled 140 years, based on the dictum 2017In the second category of cases, every state supreme court and federal circuit court that has acknowledged the Court’s dictum in O’Neil has rejected an Eighth Amendment challenge to consecutive sentences. 6 See, e.g., Hawkins, 200 F.3d at 1285 & n.5 (affirming the juvenile’s consecutive sentences, which totaled 100 years, explaining that the “Eighth Amendment analysis focuses on the sentence imposed for each specific crime, not on the cumulative sentence for multiple crimes”); Aiello, 864 F.2d at 265 (affirming the defendant’s consecutive sentences, which totaled 140 years, based on the dictum | 1 | 1 |
Close v. Peopleyellow2 sentences2017In the second category of cases, every state supreme court and federal circuit court that has acknowledged the Court’s dictum in O’Neil has rejected an Eighth Amendment challenge to consecutive sentences. 6 See, e.g., Hawkins, 200 F.3d at 1285 & n.5 (affirming the juvenile’s consecutive sentences, which totaled 100 years, explaining that the “Eighth Amendment analysis focuses on the sentence imposed for each specific crime, not on the cumulative sentence for multiple crimes”); Aiello, 864 F.2d at 265 (affirming the defendant’s consecutive sentences, which totaled 140 years, based on the dictum 2017In the second category of cases, every state supreme court and federal circuit court that has acknowledged the Court’s dictum in O’Neil has rejected an Eighth Amendment challenge to consecutive sentences. 6 See, e.g., Hawkins, 200 F.3d at 1285 & n.5 (affirming the juvenile’s consecutive sentences, which totaled 100 years, explaining that the “Eighth Amendment analysis focuses on the sentence imposed for each specific crime, not on the cumulative sentence for multiple crimes”); Aiello, 864 F.2d at 265 (affirming the defendant’s consecutive sentences, which totaled 140 years, based on the dictum | 1 | 1 |
Budder v. Addisongreen1 sentence2017Recently, the Tenth Circuit Court of Appeals reversed a denial of a writ of habeas corpus in a case involving a juvenile offender who was sentenced to three consecutive life sentences for nonhomicide crimes, Budder v. Addison, 851 F.3d 1047, 1060 (10th Cir. 2017), The district court had reasoned that extending Graham to the consecutive sentences would be "contrary to the traditional focus of Eighth Amendment analysis, which, the Tenth Circuit has repeatedly stated, is ‘on the sentence imposed for each specific crime, not on the cumulative sentence or multiple crimes.’ ” Budder v. Addison, 169 | 1 | 1 |
City of Worthington Police Department v. One 1988 Chevrolet Berreta, Maroon in Color, Bearing License 520 CLF, & Bearing VIN 1G1LV1412JE6227125green1 sentence1994Cf. Worthington Police v. One 1988 Chevrolet Berreta, 516 N.W.2d 581, 583 (Minn.App.1994) (Civil sanctions, including forfeiture, are construed as punishment for purposes of Eighth Amendment analysis, regardless of label as criminal or civil, when the “sanction is not solely remedial but also serves retributive or deterrent purposes.”) (citing Austin v. United States, — U.S. -, -, 113 S.Ct. 2801, 2812 , 125 L.Ed.2d 488 (1993)). | 1 | 1 |
Darrell Randall v. Donald Wyrick, Warden, Capt. Maness and Lt. Burns, Missouri State Penitentiarygreen2 sentences1994Id. at 106 , 97 S.Ct. at 292 ; Randall v. Wyrick, 642 F.2d 304, 308 (8th Cir.1981) (a “difference of opinion over matters of expert medical judgment” does not rise to a constitutional level); Limbert v. Umar, 585 F.Supp. 1413 (E.D.Pa.1984). 1994Id. at 106 , 97 S.Ct. at 292 ; Randall v. Wyrick, 642 F.2d 304, 308 (8th Cir.1981) (a “difference of opinion over matters of expert medical judgment” does not rise to a constitutional level); Limbert v. Umar, 585 F.Supp. 1413 (E.D.Pa.1984). | 1 | 1 |
Harmelin v. Michigangreen2 sentences1993See id. at-, 111 S.Ct. at 2687 . 1993See id. at-, 111 S.Ct. at 2687 . | 1 | 1 |
Gary Knecht v. James N. Gillmangreen2 sentences1976Cf. Knecht v. Gillman, 488 F. 2d 1136, 1138 (8 Cir. 1973). 1976Cf. Knecht v. Gillman, 488 F. 2d 1136, 1138 (8 Cir. 1973). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Minnesota. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Miller v. Alabama
green
2 sentences2017More recently, in Miller , the Court considered an Eighth Amendment challenge in a consolidated appeal involving two 14-year-old offenders. 567 U.S. at 465 , 132 S.Ct. 2455 . 2017More recently, in Miller , the Court considered an Eighth Amendment challenge in a consolidated appeal involving two 14-year-old offenders. 567 U.S. at 465 , 132 S.Ct. 2455 . | 2 | 2013–2017 |
Estelle v. Gamble
green
2 sentences2016Id. 2016Id. | 2 | 1994–2016 |
Todd C. Sharkey v. City of Shoreview, Jerome P. Filla, Kari L. Quinn, Thomas R. Hughes
green
2 sentences2024A motion to court’s dismissal on the ground that the complaint fails to sufficiently allege an Eighth Amendment violation, we do not reach that argument. 7 dismiss under rule 12.02(e) “is not a responsive pleading under rule 15.01.” Sharkey, 853 N.W.2d at 835 . 2024A motion to court’s dismissal on the ground that the complaint fails to sufficiently allege an Eighth Amendment violation, we do not reach that argument. 7 dismiss under rule 12.02(e) “is not a responsive pleading under rule 15.01.” Sharkey, 853 N.W.2d at 835 . | 1 | 2024–2024 |
Ewing v. California
green
2 sentences2017According to the State, “[a]ll of these cases stand for the unremarkable proposition that it is constitutionally permissible to punish a person who commits two, three, four or even more crimes (including murder) more severely than a person who commits a single crime.” See Ewing v. California, 538 U.S. 11, 25 , 123 S.Ct. 1179 , 155 L.Ed.2d 108 (2003) (“Recidivism has long been recognized as a legitimate basis for increased punishment”). 2017According to the State, “[a]ll of these cases stand for the unremarkable proposition that it is constitutionally permissible to punish a person who commits two, three, four or even more crimes (including murder) more severely than a person who commits a single crime.” See Ewing v. California, 538 U.S. 11, 25 , 123 S.Ct. 1179 , 155 L.Ed.2d 108 (2003) (“Recidivism has long been recognized as a legitimate basis for increased punishment”). | 1 | 2017–2017 |
Hawkins v. Hargett
green
2 sentences2017To do so produces the ridiculous consequence of enabling a prisoner, simply by recidivat-ing, to generate a colorable' Eighth Amendment claim.”); Hawkins v. Hargett, 200 F.3d 1279 , 1285 n.5 (10th Cir. 1999) (explaining that the “Eighth Amendment analysis focuses on the sentence imposed for each specific crime, not on the cumulative sentence”); United States v. Aiello, 864 F.2d 257, 265 (2d Cir. 1988) (same); State v. Berger, 212 Ariz. 473 , 134 P.3d 378, 380, 384 (2006) (affirming a 200-year sentence for multiple acts of child pornography because “[a] defendant has no constitutional right to 2017To do so produces the ridiculous consequence of enabling a prisoner, simply by recidivat-ing, to generate a colorable' Eighth Amendment claim.”); Hawkins v. Hargett, 200 F.3d 1279 , 1285 n.5 (10th Cir. 1999) (explaining that the “Eighth Amendment analysis focuses on the sentence imposed for each specific crime, not on the cumulative sentence”); United States v. Aiello, 864 F.2d 257, 265 (2d Cir. 1988) (same); State v. Berger, 212 Ariz. 473 , 134 P.3d 378, 380, 384 (2006) (affirming a 200-year sentence for multiple acts of child pornography because “[a] defendant has no constitutional right to | 1 | 2017–2017 |
State v. Hairston
green
2 sentences2017To do so produces the ridiculous consequence of enabling a prisoner, simply by recidivat-ing, to generate a colorable' Eighth Amendment claim.”); Hawkins v. Hargett, 200 F.3d 1279 , 1285 n.5 (10th Cir. 1999) (explaining that the “Eighth Amendment analysis focuses on the sentence imposed for each specific crime, not on the cumulative sentence”); United States v. Aiello, 864 F.2d 257, 265 (2d Cir. 1988) (same); State v. Berger, 212 Ariz. 473 , 134 P.3d 378, 380, 384 (2006) (affirming a 200-year sentence for multiple acts of child pornography because “[a] defendant has no constitutional right to 2017To do so produces the ridiculous consequence of enabling a prisoner, simply by recidivat-ing, to generate a colorable' Eighth Amendment claim.”); Hawkins v. Hargett, 200 F.3d 1279 , 1285 n.5 (10th Cir. 1999) (explaining that the “Eighth Amendment analysis focuses on the sentence imposed for each specific crime, not on the cumulative sentence”); United States v. Aiello, 864 F.2d 257, 265 (2d Cir. 1988) (same); State v. Berger, 212 Ariz. 473 , 134 P.3d 378, 380, 384 (2006) (affirming a 200-year sentence for multiple acts of child pornography because “[a] defendant has no constitutional right to | 1 | 2017–2017 |
Montgomery v. Louisiana
green
2 sentences2017Montgomery, — U.S. at -, 136 S.Ct. at 726 . 2017Montgomery, — U.S. at -, 136 S.Ct. at 726 . | 1 | 2017–2017 |
Limbert v. Umar
green
2 sentences1994Id. at 106 , 97 S.Ct. at 292 ; Randall v. Wyrick, 642 F.2d 304, 308 (8th Cir.1981) (a “difference of opinion over matters of expert medical judgment” does not rise to a constitutional level); Limbert v. Umar, 585 F.Supp. 1413 (E.D.Pa.1984). 1994Id. at 106 , 97 S.Ct. at 292 ; Randall v. Wyrick, 642 F.2d 304, 308 (8th Cir.1981) (a “difference of opinion over matters of expert medical judgment” does not rise to a constitutional level); Limbert v. Umar, 585 F.Supp. 1413 (E.D.Pa.1984). | 1 | 1994–1994 |
Austin v. United States
green
2 sentences1994Cf. Worthington Police v. One 1988 Chevrolet Berreta, 516 N.W.2d 581, 583 (Minn.App.1994) (Civil sanctions, including forfeiture, are construed as punishment for purposes of Eighth Amendment analysis, regardless of label as criminal or civil, when the “sanction is not solely remedial but also serves retributive or deterrent purposes.”) (citing Austin v. United States, — U.S. -, -, 113 S.Ct. 2801, 2812 , 125 L.Ed.2d 488 (1993)). 1994Cf. Worthington Police v. One 1988 Chevrolet Berreta, 516 N.W.2d 581, 583 (Minn.App.1994) (Civil sanctions, including forfeiture, are construed as punishment for purposes of Eighth Amendment analysis, regardless of label as criminal or civil, when the “sanction is not solely remedial but also serves retributive or deterrent purposes.”) (citing Austin v. United States, — U.S. -, -, 113 S.Ct. 2801, 2812 , 125 L.Ed.2d 488 (1993)). | 1 | 1994–1994 |
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.