How have courts treated common law tort claims of cruel and unusual punishment?
MultiRegion, United States of America
The following excerpt is from Bontemps v. Sotak, No. 2:09-cv-02115-LKK-EFB P (E.D. Cal. 2014):
It is important to differentiate common law claims of malpractice from claims predicated on violations of the Eight Amendment's prohibition of cruel and unusual punishment. In asserting the latter, "[m]ere indifference, negligence, or medical malpractice will not support th[e] cause of action." Broughton v. Cutter Laboratories, 622 F.2d 458, 460 (9th Cir. 1980) (internal quotation marks omitted); see also Toguchi v. Chung, 391 F.3d 1051, 1057 (9th Cir. 2004).
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