Does the Eighth Amendment prohibit "cruel and unusual" use of physical force in prison?
MultiRegion, United States of America
The following excerpt is from Patino-Padilla v. McNary, Case No. 1:18-cv-00552-LJO-BAM (PC) (E.D. Cal. 2019):
However, "[t]he 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." Wilkins v. Gaddy, 559 U.S. 34, 37-38 (2010) (citation omitted). "An inmate who complains of a push or shove that
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