Smith v. Muccino.

• Position: CRUEL AND UNUSUAL PUNISHMENT - Brief Article

U.S. District Court

DOUBLE-CELLING

FAILURE TO PROTECT

Smith v. Muccino, 223 F.Supp.2d 396 (D.Conn. 2002). A state prisoner brought a pro se action alleging that the practice of housing him with violent inmates, sometimes in retaliation for his complaints, violated his constitutional rights. After an agreement to settle the case fell through, the court reopened the case and held that the prisoner's allegations stated a claim for an Eighth Amendment violation. The court noted that the prisoner was not claiming that double-celling was per...