Crawford v. Cuomo
| Docket Number | 14-969 |
| Decision Date | 11 August 2015 |
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361 cases
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Green v. Martin
...with the intent to gratify the officer's sexual desire or humiliate the inmate, violates the Eighth Amendment." Crawford v. Cuomo , 796 F.3d 252, 257 (2d Cir. 2015). The "principal inquiry" a court must make "is whether the contact is incidental to legitimate official duties, such as a just......
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Aetna Life Ins. Co. v. Guerrera
...takes all factual allegations in the complaint as true and draws all reasonable inferences in the plaintiff’s favor. Crawford v. Cuomo, 796 F.3d 252, 256 (2d Cir. 2015). However, the tenet that a court must accept a complaint’s allegations as true is inapplicable to "[t]hreadbare recitals o......
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We the Patriots USA, Inc. v. Conn. Office of Early Childhood Dev.
...all factual allegations in the complaint as true and drawing all reasonable inferences in the plaintiff's favor, see Crawford v. Cuomo , 796 F.3d 252, 256 (2d Cir. 2015). However, this principle does not apply to "[t]hreadbare recitals of the elements of a cause of action, supported by mere......
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Burroughs v. Petrone
...with the intent to gratify the officer's sexual desire or humiliate the inmate, violates the Eighth Amendment." Crawford v. Cuomo, 796 F.3d 252, 257 (2d Cir.2015). "[A] single incident of sexual abuse, if sufficiently severe or serious, may violate an inmate's Eighth Amendment rights no les......
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10 books & journal articles
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F. Your Right to Be Free from Cruel and Unusual Punishment
...or repetitive" in order for plaintiffs to prevail. See Sconiers v. Lockhart, 946 F.3d 1256, 1266-67 (11th Cir. 2020), Crawford v. Cuomo, 796 F.3d 252 (2d Cir. 2015). But one severe, isolated incident can meet this standard. In Daskalea v. District of Columbia, 227 F.3d 433 (D.C. Cir. 2000),......
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Prisoners' Rights
...and unprovoked inflictions of pain, not unintentional errors in good faith, satisfy the subjective factor); see, e.g., Crawford v. Cuomo, 796 F.3d 252, 258-59 (2d Cir. 2015) (excessive force claim where officer fondled prisoner to check for erection during prisoner’s visit with wife becau......
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ADDRESSING THE SUPREME COURT'S HALF-BAKED EIGHTH AMENDMENT MAJORITARIANISM: HOW STATES CAN USE ADVISORY BALLOT QUESTIONS TO GIVE MORE LEGITIMACY TO THE COURT'S DEATH PENALTY DECISIONS.
...approach, especially since some circuit courts have still employed it in post-Miller Eighth Amendment cases. See, e.g., Crawford v. Cuomo, 796 F.3d 252, 259-60 (2d Cir. 2015); Ricks v. Shover, 891 F.3d 468, 477 (3d Cir. (106.) Aliza Plener Cover offers an example of an amended objective ind......
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30-e-2 Sexual Abuse
...or where the staff member, contractor, or volunteer has the intent to abuse, arouse, or gratify sexual desire."); Crawford v. Cuomo, 796 F.3d 252, 260 (2d Cir. 2015) (finding sexual abuse of prisoners is broadly understood in light of PREA). While under PREA "harm" is broadly interpreted, n......
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