What is the current state of the law on excessive force under the Eighth Amendment?

MultiRegion, United States of America

The following excerpt is from Weatherington v. Rios, 1:14-cv-00906-AWI-GSA-PC (E.D. Cal. 2017):

"What is necessary to show sufficient harm for purposes of the Cruel and Unusual Punishments Clause [of the Eighth Amendment] depends upon the claim at issue . . . ." Hudson v. McMillian, 503 U.S. 1, 8 (1992). "The objective component of an Eighth Amendment claim is . . . contextual and responsive to contemporary standards of decency." Id. (internal quotation marks and citations omitted). The malicious and sadistic use of force to cause harm always violates contemporary standards of decency, regardless of whether or not

Page 7

significant injury is evident. Id. at 9; see also Oliver v. Keller, 289 F.3d 623, 628 (9th Cir. 2002) (Eighth Amendment excessive force standard examines de minimis uses of force, not de minimis injuries)). However, not "every malevolent touch by a prison guard gives rise to a federal cause of action." Id. at 9. "The Eighth Amendment's prohibition of cruel and unusual punishments necessarily excludes from constitutional recognition de minimis uses of physical force, provided that the use of force is not of a sort 'repugnant to the conscience of mankind.'" Id. at 9-10 (internal quotations marks and citations omitted).

Other Questions


Is Wardlow entitled to have his claim that the police used excessive force, excessive force and excessive force on the basis that he was a drug courier? (MultiRegion, United States of America)
What is the current state of the law on excessive force in the context of the Eighth Amendment? (MultiRegion, United States of America)
Can a plaintiff bring a claim for excessive force under the Fourth Amendment against a police force that uses excessive force? (MultiRegion, United States of America)
When a prison guard stands accused of using excessive force in violation of the Eighth Amendment, what is the test for excessive force? (MultiRegion, United States of America)
Are excessive force claims brought by pretrial detainees analyzed under the Fourteenth Amendment or the Eighth Amendment? (MultiRegion, United States of America)
Can a prison officer who does not himself use force violate the Eighth Amendment if he has a reasonable opportunity to intervene in other officials' excessive force? (MultiRegion, United States of America)
What is the current state of the law in respect of the Eighth Amendment? (MultiRegion, United States of America)
What is the current state of the law on punishment under the Eighth Amendment? (MultiRegion, United States of America)
Does the Eighth Amendment prohibit prison officials from using excessive force against prisoners? (MultiRegion, United States of America)
What is the current state of the law on the Eighth Amendment when it comes to conditions that prevent inmates from getting enough sleep? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.