CAIOZZO v. KOREMAN

Docket No. 05-4002-cv.

581 F.3d 63 (2009)

Anthony CAIOZZO, as Administrator of the Estate of Phillip Caiozzo, Plaintiff-Appellant, v. Brian KOREMAN, Michael Benedetto, Anthony Crisorio, Michael Moffre and Gordon C. Rivers, Defendants-Cross-Claimants, Jack Bevlicola and Vinay B. Das, M.D., Defendants-Cross-Defendants, Linda Cummins, R.N., Defendant-Cross-Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: September 22, 2009.


Attorney(s) appearing for the Case

Chad A. Jerome, The LaFave Law Firm, PLLC (Lawrence J. Zyra, of counsel), Delmar, NY, for Plaintiff-Appellant.

Timothy S. Brennan, Phelan, Phelan & Danek, Albany, NY, for Defendant-Cross-Defendant-Appellee.

Before: SACK, KATZMANN and KELLY, Circuit Judges.


SACK, Circuit Judge:

In Farmer v. Brennan, 511 U.S. 825, 837, 114 S.Ct. 1970, 128 L.Ed.2d 811 (1994), the Supreme Court held that a subjective test adapted from the criminal law applies to suits against federal prison officials for violating a convicted inmate's right to be free from cruel or unusual punishment under the Eighth Amendment. In the wake of Farmer, such a defendant is liable to an injured prisoner only if...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases