United States Second Circuit

Dismissal of plaintiff-prisoner's civil rights action alleging that he was subjected to cruel and unusual punishment when three masked correction officers sprayed him with an apparent mixture of fecal matter, vinegar, and machine oil, is vacated in part and remanded, where: 1) plaintiff's complaint plausibly alleged violations of his constitutional rights; 2) the district court erred in concluding that the prison officials' alleged use of force was de minimis and not of the sort repugnant to the conscience of mankind; and 3) the applicable statute of limitations does not preclude plaintiff from amending his complaint to name certain John Doe defendants.

Appellate Information

• Decided 12/20/2013
• Published 12/20/2013

Judges

• CHIN

Court

• United States Second Circuit

Counsel