What is the test for a tortfeasor to claim cruel and unusual punishment under the Eighth Amendment?

MultiRegion, United States of America

The following excerpt is from Stephen v. Tilestone, No. 2:20-cv-1841 KJN P (E.D. Cal. 2021):

To prevail on a claim of cruel and unusual punishment a prisoner must allege and prove that objectively he suffered a sufficiently serious deprivation and that subjectively prison officials acted with deliberate indifference in allowing or causing the deprivation to occur. Wilson v. Seiter, 501 U.S. 294, 298-99 (1991). The deliberate indifference standard involves an objective and subjective prong. First, the alleged deprivation must be, in objective terms, "sufficiently serious. . . ." Farmer, 511 U.S. at 834 (citing Wilson v. Seiter, 501 U.S. at 298). Second, the prison official must "know[ ] of and disregard[ ] an excessive risk to inmate health or safety. . . ." Farmer, 511 U.S. at 837. Thus, a prison official may be held liable under the Eighth Amendment for denying humane conditions of confinement only if he knows that inmates face a substantial risk of harm and disregards that risk by failing to take reasonable measures to abate it. Id. at 837-45.

Other Questions


Are conditions of confinement claims under the Fourteenth Amendment or the Cruel and Unusual Punishments Clause of the Eighth Amendment? (MultiRegion, United States of America)
Does the Eighth Amendment prohibit cruel and unusual punishments that cannot be said to be cruel or unusual under contemporary standards of decency? (MultiRegion, United States of America)
Does a prisoner's claim of inadequate medical care constitute cruel and unusual punishment in violation of the Eighth Amendment? (MultiRegion, United States of America)
What is the test for claiming cruel and unusual punishment under the Eighth Amendment? (MultiRegion, United States of America)
What is the test for a claim under Section 1983 of the Eighth Amendment against cruel and unusual punishment? (MultiRegion, United States of America)
What is the test for an inmate to bring a claim under the Eighth Amendment against cruel and unusual punishment? (MultiRegion, United States of America)
What is the subjective requirement for a tortfeasor to be found liable under the Eighth Amendment under the Cruel and Unusual Punishments Clause? (MultiRegion, United States of America)
Is deportation a cruel and unusual punishment in violation of the Eighth Amendment? (MultiRegion, United States of America)
Is there any case law that supports the argument that the Eighth Amendment prohibits cruel and unusual punishment? (MultiRegion, United States of America)
What is the test for a violation of the eighth amendment against cruel and unusual punishment for refusing to provide a complete root canal treatment for an incarcerated person? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.