PositionBrief Article

U.S. District Court


Curry v. Kerik, 163 F.Supp.2d 232 (S.D.N.Y. 2001). A pretrial detainee brought a ?? 1983 action against corrections officials alleging violation of the due process clause arising out of dangerous conditions. The court held that the detainee stated a due process violation by alleging that he was exposed to an unsanitary and hazardous showering area for over nine months. The court found that the detainee's allegation that officials negligently appointed, trained and supervised employees and failed to enforce rules requiring facility inspections and addressing repair complaints were sufficient to show the personal involvement of the officials. The detainee alleged that he had...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT