holding that mattress deprivation "for only one night [was] insufficient to state an eighth amendment violation"
Summary of this case from Wheeler v. MarengoNo. 88-2034.
October 2, 1989.
C.A. 9th Cir. Motion of respondent for leave to proceed in forma pauperis granted. Certiorari granted, judgment vacated, and case remanded for further consideration in light of Neitzke v. Williams, 490 U. S. 319 (1989). Reported below: 861 F. 2d 1421.
holding that mattress deprivation "for only one night [was] insufficient to state an eighth amendment violation"
Summary of this case from Wheeler v. Marengosleeping without a mattress for one night insufficient to state Eighth Amendment violation and no amendment can alter that insufficiency
Summary of this case from Frye v. OlesheaFull title:DENTON ET AL. v. HERNANDEZ
Court:U.S.
Date published: Oct 2, 1989
However, being forced to sleep without a mattress for only one night is insufficient to state an Eighth…
Young v. Centerville Clinic, Inc.Where a complaint can be remedied by an amendment, a district court may not dismiss the complaint with…