Does the general requirement that an Eighth Amendment claimant allege and prove the unnecessary and wanton infliction of pain should also be applied to a similar kind of conduct?
MultiRegion, United States of America
The following excerpt is from Vigliotto v. Terry, 865 F.2d 1131 (9th Cir. 1989):
The general requirement that an Eighth Amendment claimant allege and prove the unnecessary and wanton infliction of pain should also be applied with due regard for differences in the kind of conduct against which an Eighth Amendment objection is lodged.
Whitley v. Albers, 475 U.S. 312, 319-20, 106 S.Ct. 1078, 1084, 89 L.Ed.2d 251 (1986).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does the allegation that the allegations giving rise to the Eighth Amendment violate the Due Process Clause of the Fourteenth Amendment? (MultiRegion, United States of America)
Does the Eighth Amendment prohibit gratuitous infliction of wanton and unnecessary pain? (MultiRegion, United States of America)
What is the test for a violation of the Eighth Amendment when there are not enough "necessities" to constitute an Eighth Amendment violation? (MultiRegion, United States of America)
How have courts applied the Eighth Amendment to a claim made by a civil detainee under the Fourteenth Amendment? (MultiRegion, United States of America)
Does the requirement that prior criminal conduct be similar to the crime charged apply in cases such as this one? (MultiRegion, United States of America)
What is the legal test for applying the Eighth Amendment standard to a claim made by a civil detainee under the Fourteenth Amendment? (MultiRegion, United States of America)
Does an alleged author of a work that was allegedly written by another alleged author have to prove his claim to ownership of the work "from the moment it was created"? (MultiRegion, United States of America)
What is the effect of an order requiring a plaintiff to amend or amend a claim in a motion to amend? (MultiRegion, United States of America)
Does section 1962(b) require an allegation of racketeering to allege an enterprise separate from the alleged persons? (MultiRegion, United States of America)
What is the legal test for unnecessary and wanton force under the Eighth Amendment? (MultiRegion, United States of America)
