Is a prison policy that prohibits same-sex marriage unconstitutional if it involves the "unnecessary and wanton infliction of pain"?
MultiRegion, United States of America
The following excerpt is from Anderson v. Vasquez, 28 F.3d 104 (9th Cir. 1994):
A prison policy violates the Eighth Amendment if it involves the "unnecessary and wanton infliction of pain." Rhodes v. Chapman, 452 U.S. 337, 356 (1981); McQueary v. Blodgett, 924 F.2d 829 (9th Cir.1991). Deprivation of constitutional rights may amount to such unnecessary and wanton infliction of pain. Turner v. Safley, 482 U.S. 78, 94, 107 S.Ct. 2254 (1987) (finding a regulation prohibiting inmate marriage unconstitutional).
"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 Eighth Amendment prohibit gratuitous infliction of wanton and unnecessary pain? (MultiRegion, United States of America)
What is the test for wanton infliction of unnecessary pain under the Cruel and Unusual Punishments Clause? (MultiRegion, United States of America)
Does a prisoner's court document need to be delivered to prison officials on the date the prisoner delivered it to the prison officials for mailing? (MultiRegion, United States of America)
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)
Does a prison policy requiring a visual strip and body cavity search every time administrative segregation prisoners leave their cells violate the Fourth Amendment? (MultiRegion, United States of America)
Can a prison officer be found guilty of deliberate indifference in a case where a prisoner was deprived of food, water and sleep deprivation by prison officials? (MultiRegion, United States of America)
What is the standard of care provided by a prison official for failing to respond to a prisoner's pain or possible medical need? (MultiRegion, United States of America)
Can a beneficiary of a life insurance policy be changed if the beneficiary of the policy wishes to receive the proceeds from the policy on his death? (MultiRegion, United States of America)
Does the Eighth Amendment prohibit prison officials from using excessive force against prisoners? (MultiRegion, United States of America)
Is a prison officer's mental state a determinative factor in determining whether a prisoner should be released from prison without trial? (MultiRegion, United States of America)
