What is the relevant test for using excessive physical force in violation of the Eighth Amendment?

MultiRegion, United States of America

The following excerpt is from Talton v. Lewis, 116 F.3d 1486 (9th Cir. 1997):

In order to determine whether prison officials used excessive physical force in violation of the Eighth Amendment, the relevant inquiry is "whether force was applied in a good-faith effort to maintain or restore discipline, or maliciously and sadistically for the very purpose of causing harm." See Hudson v. McMillian, 503 U.S. 1, 6 (1992) (internal citation omitted). To determine if the use of force was wanton and unnecessary, we must examine the necessity of the force, the relationship between the necessity and amount of force used, the threat reasonable perceived by the responsible officials, and any efforts made to temper the severity of the forceful response. See id. at 7.

Other Questions


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 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)
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)
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)
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)
What is the test for excessive physical force in violation of the Eighth Amendment? (MultiRegion, United States of America)
What is the test for using excessive force in violation of the Eighth Amendment? (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)
What are some facts relating to allegations that prison officials used excessive force in violation of the Eighth Amendment? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.