What is the relevant legal test for alleging that a prison officer violated an inmate's Eighth Amendment rights by using excessive physical force?

MultiRegion, United States of America

The following excerpt is from Cornellier v. Avanenti, 996 F.2d 1224 (9th Cir. 1993):

When an inmate claims that prison officials violated his Eighth Amendment rights by using excessive physical force, the relevant inquiry is whether force was applied in a good-faith effort to maintain or restore discipline, or maliciously and sadistically to cause harm. Hudson v. McMillian, 112 S.Ct. 995, 999 (1992). Factors to be considered by the district court include the extent of the injury suffered by the inmate, the need for applying force, the relationship between the need to use force and the amount of force used, the threat perceived by prison officials, and any effort made to temper the severity of the forceful response. Id.

Other Questions


Does a prison officer violate the Eighth Amendment when they use excessive force maliciously and sadistically to cause physical harm to a prisoner? (MultiRegion, United States of America)
Can a prison officer who does not himself use force violate the Eighth Amendment if he has a reasonable opportunity to intervene in other officials' excessive force? (MultiRegion, United States of America)
When a prison guard stands accused of using excessive force in violation of the Eighth Amendment, what is the test for excessive force? (MultiRegion, United States of America)
What are some facts relating to allegations that prison officials used excessive force in violation of the Eighth Amendment? (MultiRegion, United States of America)
What is the relevant test for using excessive physical force in violation of the Eighth Amendment? (MultiRegion, United States of America)
What is the test for an amended complaint alleging that a prison official violated the Eighth Amendment by failing to provide adequate medical care for an inmate? (MultiRegion, United States of America)
Can a plaintiff bring a motion alleging that a prison officer violated his First Amendment right to speak out against the officer? (MultiRegion, United States of America)
Does the Eighth Amendment prohibit prison officials from using excessive force against prisoners? (MultiRegion, United States of America)
Can a plaintiff bring a claim for excessive force under the Fourth Amendment against a police force that uses excessive force? (MultiRegion, United States of America)
Is Wardlow entitled to have his claim that the police used excessive force, excessive force and excessive force on the basis that he was a drug courier? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.