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7 West Virginia opinions name it 1 courts 1994–2023 4 in the last five years
The cases below were cited by West Virginia 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 |
|---|---|---|
Estelle v. Gamblegreen2 sentences2022See Estelle, 429 U.S. at 107 , 97 S.Ct. 285 ; Hathaway, 37 F.3d at 66. 2022See Estelle, 429 U.S. at 107 , 97 S.Ct. 285 ; Hathaway, 37 F.3d at 66. | 1 | 3 |
Amick v. Ohio Department of Rehabilitation & Correctiongreen2 sentences2023There, we found insufficient for appellate review a dismissal order “stating only that [defendants’] motion [to dismiss] was granted” where the order “included no findings of facts, conclusions of 41 Id. at 842 (emphasis added). 42 See, e.g., Q.F. v. Daniel, 768 F. App’x 935 , 946 (11th Cir. 2019) (no error in denying dismissal of inmate’s failure-to-protect claim where “complaint . . . allege[d] sufficient facts to show that the risk of inmate-on-inmate violence at” juvenile facility was obvious); Amick v. Ohio Dep’t of Rehab. & Corr., 521 F. App’x 354, 362 (6th Cir. 2013) (district court err 2023There, we found insufficient for appellate review a dismissal order “stating only that [defendants’] motion [to dismiss] was granted” where the order “included no findings of facts, conclusions of 41 Id. at 842 (emphasis added). 42 See, e.g., Q.F. v. Daniel, 768 F. App’x 935 , 946 (11th Cir. 2019) (no error in denying dismissal of inmate’s failure-to-protect claim where “complaint . . . allege[d] sufficient facts to show that the risk of inmate-on-inmate violence at” juvenile facility was obvious); Amick v. Ohio Dep’t of Rehab. & Corr., 521 F. App’x 354, 362 (6th Cir. 2013) (district court err | 1 | 1 |
Farmer v. Brennangreen2 sentences2023There, we found insufficient for appellate review a dismissal order “stating only that [defendants’] motion [to dismiss] was granted” where the order “included no findings of facts, conclusions of 41 Id. at 842 (emphasis added). 42 See, e.g., Q.F. v. Daniel, 768 F. App’x 935 , 946 (11th Cir. 2019) (no error in denying dismissal of inmate’s failure-to-protect claim where “complaint . . . allege[d] sufficient facts to show that the risk of inmate-on-inmate violence at” juvenile facility was obvious); Amick v. Ohio Dep’t of Rehab. & Corr., 521 F. App’x 354, 362 (6th Cir. 2013) (district court err 2023There, we found insufficient for appellate review a dismissal order “stating only that [defendants’] motion [to dismiss] was granted” where the order “included no findings of facts, conclusions of 41 Id. at 842 (emphasis added). 42 See, e.g., Q.F. v. Daniel, 768 F. App’x 935 , 946 (11th Cir. 2019) (no error in denying dismissal of inmate’s failure-to-protect claim where “complaint . . . allege[d] sufficient facts to show that the risk of inmate-on-inmate violence at” juvenile facility was obvious); Amick v. Ohio Dep’t of Rehab. & Corr., 521 F. App’x 354, 362 (6th Cir. 2013) (district court err | 1 | 1 |
Jackson v. Bishopgreen2 sentences2022The United States Supreme Court has discussed the basis of an Eighth Amendment claim, holding: The Amendment embodies “broad and idealistic concepts of dignity, civilized standards, humanity, and decency . . . ,” Jackson v. Bishop, 404 F.2d 571, 579 (C.A.8 1968), against which we must evaluate penal measures. 2022The United States Supreme Court has discussed the basis of an Eighth Amendment claim, holding: The Amendment embodies “broad and idealistic concepts of dignity, civilized standards, humanity, and decency . . . ,” Jackson v. Bishop, 404 F.2d 571, 579 (C.A.8 1968), against which we must evaluate penal measures. | 1 | 1 |
Bobby Williams v. Larry Bennettgreen1 sentence1994The court of appeals outlined the elements of such a cause of action: “To prevail on their Eighth Amendment claim for damages brought under section 1983, the plaintiffs must prove three elements: (1) a condition of confinement that inflicted unnecessary pain or suffering, Rhodes v. Chapman, 452 U.S. 337, 347 , 101 S.Ct. 2392, 2399 , 69 L.Ed.2d 59 [, 69] (1981), (2) the defendant’s ‘deliberate indifference’ to that condition, Wilson v. Seiter, [501] U.S. [294, 303], 111 S.Ct. 2321, 2327 , 115 L.Ed.2d 271 [, 281] (1991), and (3) causation, Williams v. Bennett, 689 F.2d 1370, 1389-90 (11th Cir.19 | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in West Virginia. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Gomez v. Toledo
green
2 sentences2023Because Mr. Robbins failed to adequately plead his Eighth Amendment claim against Officer Blancarte, I would have reversed the circuit court and remanded with instructions to dismiss Mr. Robbins’s claim against Officer Blancarte.4 was present within the lock down pod on numerous occasions throughout the time of the assault.” Mr. Robbins made no such allegation in his amended complaint. 4 I am aware that [a] plaintiff is not required to anticipate the defense of immunity in his complaint, Gomez v. Toledo, 446 U.S. 635, 640 , 100 S. Ct. 1920, 1923-24 , 64 L. 2023Because Mr. Robbins failed to adequately plead his Eighth Amendment claim against Officer Blancarte, I would have reversed the circuit court and remanded with instructions to dismiss Mr. Robbins’s claim against Officer Blancarte.4 was present within the lock down pod on numerous occasions throughout the time of the assault.” Mr. Robbins made no such allegation in his amended complaint. 4 I am aware that [a] plaintiff is not required to anticipate the defense of immunity in his complaint, Gomez v. Toledo, 446 U.S. 635, 640 , 100 S. Ct. 1920, 1923-24 , 64 L. | 1 | 2023–2023 |
PTP, IV BY PTP v. Board of Educ.
green
2 sentences2023There, we found insufficient for appellate review a dismissal order “stating only that [defendants’] motion [to dismiss] was granted” where the order “included no findings of facts, conclusions of 41 Id. at 842 (emphasis added). 42 See, e.g., Q.F. v. Daniel, 768 F. App’x 935 , 946 (11th Cir. 2019) (no error in denying dismissal of inmate’s failure-to-protect claim where “complaint . . . allege[d] sufficient facts to show that the risk of inmate-on-inmate violence at” juvenile facility was obvious); Amick v. Ohio Dep’t of Rehab. & Corr., 521 F. App’x 354, 362 (6th Cir. 2013) (district court err 2023There, we found insufficient for appellate review a dismissal order “stating only that [defendants’] motion [to dismiss] was granted” where the order “included no findings of facts, conclusions of 41 Id. at 842 (emphasis added). 42 See, e.g., Q.F. v. Daniel, 768 F. App’x 935 , 946 (11th Cir. 2019) (no error in denying dismissal of inmate’s failure-to-protect claim where “complaint . . . allege[d] sufficient facts to show that the risk of inmate-on-inmate violence at” juvenile facility was obvious); Amick v. Ohio Dep’t of Rehab. & Corr., 521 F. App’x 354, 362 (6th Cir. 2013) (district court err | 1 | 2023–2023 |
Pauley v. Kelly
green
1 sentence2022In this regard, I would respectfully remind the majority that this Court has an unbroken line of precedents permitting, and indeed sometimes requiring, us to “interpret [the West Virginia] Constitution to require higher standards of protection than afforded by comparable federal constitutional standards.” Pauley v. Kelly, 162 W. | 1 | 2022–2022 |
Wilson v. Seiter
green
2 sentences1994The court of appeals outlined the elements of such a cause of action: “To prevail on their Eighth Amendment claim for damages brought under section 1983, the plaintiffs must prove three elements: (1) a condition of confinement that inflicted unnecessary pain or suffering, Rhodes v. Chapman, 452 U.S. 337, 347 , 101 S.Ct. 2392, 2399 , 69 L.Ed.2d 59 [, 69] (1981), (2) the defendant’s ‘deliberate indifference’ to that condition, Wilson v. Seiter, [501] U.S. [294, 303], 111 S.Ct. 2321, 2327 , 115 L.Ed.2d 271 [, 281] (1991), and (3) causation, Williams v. Bennett, 689 F.2d 1370, 1389-90 (11th Cir.19 1994The court of appeals outlined the elements of such a cause of action: “To prevail on their Eighth Amendment claim for damages brought under section 1983, the plaintiffs must prove three elements: (1) a condition of confinement that inflicted unnecessary pain or suffering, Rhodes v. Chapman, 452 U.S. 337, 347 , 101 S.Ct. 2392, 2399 , 69 L.Ed.2d 59 [, 69] (1981), (2) the defendant’s ‘deliberate indifference’ to that condition, Wilson v. Seiter, [501] U.S. [294, 303], 111 S.Ct. 2321, 2327 , 115 L.Ed.2d 271 [, 281] (1991), and (3) causation, Williams v. Bennett, 689 F.2d 1370, 1389-90 (11th Cir.19 | 1 | 1994–1994 |
Rhodes v. Chapman
green
2 sentences1994The court of appeals outlined the elements of such a cause of action: “To prevail on their Eighth Amendment claim for damages brought under section 1983, the plaintiffs must prove three elements: (1) a condition of confinement that inflicted unnecessary pain or suffering, Rhodes v. Chapman, 452 U.S. 337, 347 , 101 S.Ct. 2392, 2399 , 69 L.Ed.2d 59 [, 69] (1981), (2) the defendant’s ‘deliberate indifference’ to that condition, Wilson v. Seiter, [501] U.S. [294, 303], 111 S.Ct. 2321, 2327 , 115 L.Ed.2d 271 [, 281] (1991), and (3) causation, Williams v. Bennett, 689 F.2d 1370, 1389-90 (11th Cir.19 1994The court of appeals outlined the elements of such a cause of action: “To prevail on their Eighth Amendment claim for damages brought under section 1983, the plaintiffs must prove three elements: (1) a condition of confinement that inflicted unnecessary pain or suffering, Rhodes v. Chapman, 452 U.S. 337, 347 , 101 S.Ct. 2392, 2399 , 69 L.Ed.2d 59 [, 69] (1981), (2) the defendant’s ‘deliberate indifference’ to that condition, Wilson v. Seiter, [501] U.S. [294, 303], 111 S.Ct. 2321, 2327 , 115 L.Ed.2d 271 [, 281] (1991), and (3) causation, Williams v. Bennett, 689 F.2d 1370, 1389-90 (11th Cir.19 | 1 | 1994–1994 |
LaMarca v. Turner
green
1 sentence1994For our purposes, the Eighth Amendment defines the contours of the first two elements and section 1983 delimits the third.” 995 F.2d at 1535 . | 1 | 1994–1994 |
Bennett v. Williams
green
2 sentences1994The court of appeals outlined the elements of such a cause of action: “To prevail on their Eighth Amendment claim for damages brought under section 1983, the plaintiffs must prove three elements: (1) a condition of confinement that inflicted unnecessary pain or suffering, Rhodes v. Chapman, 452 U.S. 337, 347 , 101 S.Ct. 2392, 2399 , 69 L.Ed.2d 59 [, 69] (1981), (2) the defendant’s ‘deliberate indifference’ to that condition, Wilson v. Seiter, [501] U.S. [294, 303], 111 S.Ct. 2321, 2327 , 115 L.Ed.2d 271 [, 281] (1991), and (3) causation, Williams v. Bennett, 689 F.2d 1370, 1389-90 (11th Cir.19 1994The court of appeals outlined the elements of such a cause of action: “To prevail on their Eighth Amendment claim for damages brought under section 1983, the plaintiffs must prove three elements: (1) a condition of confinement that inflicted unnecessary pain or suffering, Rhodes v. Chapman, 452 U.S. 337, 347 , 101 S.Ct. 2392, 2399 , 69 L.Ed.2d 59 [, 69] (1981), (2) the defendant’s ‘deliberate indifference’ to that condition, Wilson v. Seiter, [501] U.S. [294, 303], 111 S.Ct. 2321, 2327 , 115 L.Ed.2d 271 [, 281] (1991), and (3) causation, Williams v. Bennett, 689 F.2d 1370, 1389-90 (11th Cir.19 | 1 | 1994–1994 |
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.