Indifference thereby violates the eighth amendment 5

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indifference thereby violates the Eighth Amendment. [5] Estelle v. Gamble changed what the concept of the term ‘punishment’ means within the context of the Constitution. Estelle v. Gamble is the first case to discuss the deliberate indifference standard which is used to gage whether the Eight Amendment rights of incarcerated individuals has been violated. [6] In determining whether it is unconstitutional to confine an inmate to a four-by-six foot cell or expose an inmate to fifty five degree temperatures one might consider looking into the case of Walker v. Schult. [7] This case set the standard for prisons in considering the personal space of inmates. Walker emerged victorious in his attempt however there were several extenuating circumstances surrounding his complaint. His claims were reasonable that he was deprived of the basic necessities and subjected to unreasonable health and safety risks because of inadequate space and ventilation, stifling heat in summer and freezing cold in winter, unsanitary conditions, including urine and feces on the floor, too narrow a mattress, insufficient cleaning supplies, and noisy crowded conditions making sleep difficult and putting him at constant risk of violence from his cellmates.
In considering whether it is unconstitutional to double-cell an inmate with a chain smoker one might turn to Helling v. Mckinney. The inmate filed a cause of action under the Eighth Amendment because of the secondhand exposure to tobacco. The Supreme Court held that McKinney's suit stated a reasonable claim that, if proven, could be grounds for relief under the Eighth Amendment prohibition of cruel and unusual punishment with "deliberate indifference" to the future health risks associated with second-hand smoke. [8] In determining whether an issue is in fact unconstitutional requiring action regarding the Eighth Amendment one might consider if there was in fact two key factors occurring in conjunction with one another. The first is that knowledge is required by the law enforcement official in accordance with complete disregard to the issue that can potentially cause harm to an inmate. Citations [1] Eighth Amendment Legal Definition. (n.d.). Retrieved August 28, 2015, from - dictionary.thefreedictionary.com/Eighth Amendment [2] 356 U.S. 86, 101 (1958) Retrieved August 28, 2015 [3] Dolovich, S. (2009). Cruelty, prison Conditions, and the Eighth Amendment. Retrieved August 28, 2015, from [4] Deliberate Indifference (n.d.). Retrieved August 28, 2015, from [5] 511 U.S. 825 (U.S. 1994) Retrieved August 28, 2015 [6] 429 U.S. 97, 97 S. Ct. 285, 50 L. Ed. 2d 251 (1976) Retrieved August 28, 2015 [7] #12-1806, 2013 U.S. App. Lexis 10397 (2nd Cir.). Retrieved August 28, 2015
[8] 509 U.S. 25 (1993) Retrieved August 28, 2015

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