Friday, September 28, 2012

Mice, roaches in prison cells may be unconstitutional

September 27, 2012|Jonathan Stempel | Reuters

(Reuters) - A prominent federal judge said on Thursday that the infestation of a prison cell with mice and cockroaches may violate the U.S. constitutional protection against cruel and unusual punishment, even if the inmate is not physically harmed.
Writing for a panel of the 7th U.S. Circuit Court of Appeals in Chicago, Circuit Judge Richard Posner nonetheless said an inmate who objected to such conditions in his Illinois state prison cell could not recover damages because the state did not waive its immunity from suit.


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