A federal appeals court panel was split on whether keeping an inmate in a cell cut off from water for several days for the purpose of discovering if he had swallowed contraband constituted cruel and unusual punishment.

The U.S. Court of Appeals for the Third Circuit on Tuesday overturned summary judgment of Briaheen Thomas’ claim that staff at State Correctional Institution Rockview violated his Eighth Amendment rights for the duration of time in which they confined him to a “dry cell.”

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