Eight Amendment Right

The petitioner has not provided proof to channelize that his fear of assault while serving erupt his sentence in Bobbitt State Penitentiary is based upon authentic conditions inside the institution 7

C. Under the second, subjective, prong of the Wilson test, the petitioner has not shown " dissolution" or "deliberate indifference" on the part of the prison officials in allowing the challenged conditions to exist or on the part of the imagine in imposing the sentence 8

2. In cases involving the presence of aid in a prison population, officials must be shown to lead had at least constructive knowledge of the probability of the rotate of aid through informal assault 9

3. The petitioner in this case has not presented any evidence which would indicate that the officials or the judge should grant known the probability that AIDS would be spread throughout the prison population through sexual assault 10

Coker v. Georgia, 433 U.S. 584 (1977) 2

Estelle v. Gamble, 429 U.S. 97 (1976) 2, 4, 8

Helling v. McKinney, 113 S. Ct. 2475 (1993) 3

O'Neil v. Vermont, 144 U.S. 323 (1892) 2

Rhodes v. Chapman, 452 U.S. 337 (1981) 4

Robinson v. California, 370 U.S. 660 (1962) 2

Weems v. United States, 217 U.S. 324 (1910) 2

Whitley v. Albers, 475 U.S. 312 (1986) 3, 8

Wilson v. Seiter, 111 S. Ct. 2321 (1991) passim

The texts of the following statutes and constitutional provisions relevant to the termination of the present case are set forth in the appendices: U.S. Const. amend. VIII; San Pedro Penal Code ? 355.

1.The petitioner must show first that the challenged conditions inside the prison will deny him the " borderline civilize measure o.

The sentencing judge did not violate the petitioner's even off to be free from cruel and unusual punishments under the ordinal Amendment to the U.S.

Constitution by sentencing him to two years in a state penitentiary where a legal age of the inmates have tried and true positive for HIV. The presence of AIDS in a prison population would not deprive the petitioner of the minimal civilized measure of life's necessities since AIDS cannot be transmitted through free-and-easy contact and the petitioner has not shown sexual assault to be a threat in Bobbitt State Penitentiary. The petitioner has in like manner not shown that the sentencing judge acted with deliberate indifference with regard to the challenged conditions in sentencing the petitioner to such a term.

Petitioner Kerrigan then appealed to this Court, which given a writ of certiorari on January 31, 1994.

Lopez v. Robinson, 914 F.2d 486, 492 (4th Cir. 1990) 9

B.Being sentenced to a two-year term in a prison where a majority of the inmates have AIDS does not meet the requirements of the.

2.In cases involving the presence of AIDS in a prison population, officials must be shown to have had at least constructive know.

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