5th Circuit Affirms Dismissal Of Cruel And Unusual Punishment Claim

Mealey's (May 20, 2016, 11:01 AM EDT) -- NEW ORLEANS — A prisoner who contracted hepatitis C while participating in a Native American communal pipe-smoking ceremony at a Texas jail fails to state a claim that the prison violated his constitutional right to be free from cruel and unusual punishment because he voluntarily participated in the pipe-smoking ceremony based on his personal religious beliefs, the Fifth Circuit U.S. Court of Appeals held May 18 (James Legate v. Brad Livingston, No. 15-40079, 5th Cir.; 2016 U.S. App. LEXIS 9106).

(Opinion available. Document #96-160610-024Z.)

‘Ordinary Responsibility’...
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