The following excerpt is from Evans v. Lynn, 537 F.2d 571 (2nd Cir. 1976):
1 The words of Chief Justice Warren, referring to the Eighth Amendment in Trop v. Dulles, 356 U.S. 86, 100--01, 78 S.Ct. 590, 598, 2 L.Ed.2d 630 (1958), are informative:
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