Narrative Opinion Summary
Certiorari was granted by the Fifth Circuit, allowing for a review of the petitioner’s case. The motion for the appointment of counsel was approved, appointing Alvin J. Bronstein, Esq. from Washington, D.C. to represent the petitioner. The order from April 15, 1991, was amended to grant the petitioner leave to proceed in forma pauperis. The certiorari is limited to the question of whether the Fifth Circuit applied the correct legal test in determining that the petitioner’s Eighth Amendment rights, concerning the Cruel and Unusual Punishments Clause, were not violated by a single incident of force by respondents that did not result in significant injury.
Legal Issues Addressed
Appointment of Counsel for Indigent Petitionersubscribe to see similar legal issues
Application: The court approved the motion for appointment of counsel due to the petitioner’s indigency, assigning representation to Alvin J. Bronstein, Esq.
Reasoning: The motion for the appointment of counsel was approved, appointing Alvin J. Bronstein, Esq. from Washington, D.C. to represent the petitioner.
Grant of Certiorari for Limited Reviewsubscribe to see similar legal issues
Application: The court granted certiorari specifically to review whether the appropriate legal standard was used by the Fifth Circuit regarding the Eighth Amendment claim.
Reasoning: The certiorari is limited to the question of whether the Fifth Circuit applied the correct legal test in determining that the petitioner’s Eighth Amendment rights, concerning the Cruel and Unusual Punishments Clause, were not violated by a single incident of force by respondents that did not result in significant injury.
Leave to Proceed In Forma Pauperissubscribe to see similar legal issues
Application: The court amended its prior order to allow the petitioner to proceed without prepayment of fees due to indigency.
Reasoning: The order from April 15, 1991, was amended to grant the petitioner leave to proceed in forma pauperis.