Cherry v. Litscher
United States District Court for the Western District of Wisconsin
2002 WL 32350051 (2002)
- Written by Miller Jozwiak, JD
Facts
Eugene Cherry (plaintiff) was a prisoner at a supermax correctional institution. A supermax institution was an extended-control facility in which inmates were subjected to extreme restrictions. This was the case for Cherry. Prison officials (defendants) exerted significant control over Cherry. For example, the officials limited Cherry’s physical contact with other humans to the times in which Cherry was placed in restraints by guards. Nearly all Cherry’s verbal communication was performed through an intercom system with staff or through a ventilation system with other inmates. There were additional conditions that limited Cherry’s sensations and allegedly led to sensory deprivation. Prison officials also limited Cherry’s ability to possess media, even though Cherry was authorized to possess such media by administrative regulations. These conditions had the potential to impair the normal functioning of Cherry’s brain. In response to these conditions, Cherry sued the prison officials for, as relevant here, violating his rights under the Eighth Amendment. Cherry sought leave to proceed on his Eighth Amendment claim.
Rule of Law
Issue
Holding and Reasoning (Crabb, J.)
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