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Hudson Vs. Mcmillian

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  • US Supreme Court
  • Nov 13, 1991

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  1. Estelle Vs. Gamble US Supreme Court · Nov 30, 1976
  2. Wilkerson Vs. Utah US Supreme Court · Jan 01, 1878
  3. Whitley Vs. Albers US Supreme Court · Mar 04, 1986
  4. Bell Vs. Wolfish US Supreme Court · May 14, 1979
  5. Rhodes Vs. Chapman US Supreme Court · Jun 15, 1981
  6. Trop Vs. Dulles US Supreme Court · Mar 31, 1958
  7. Hutto Vs. Finney US Supreme Court · Jun 23, 1978
  8. Procunier Vs. Navarette US Supreme Court · Feb 22, 1978
  9. Harlow Vs. Fitzgerald US Supreme Court · Jun 24, 1982
  10. Cases Adjudged in the Supreme Court of the United States at October Term, 1991 Syllabus Hudson V. Mcmillian
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  11. violative of the Cruel and Unusual Punishments Clause, the core judicial inquiry is that set out in Whitley v. Albers
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  12. of force, whether the prison disturbance is a riot or a lesser disruption, works no innovation. See, e. g., Johnson v. Glick
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  13. merit to respondents' assertion that a significant injury requirement is mandated by what this Court termed, in Wilson v. Seiter
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  14. with the Constitution's dictate that cruel and unusual punishment shall not be inflicted. II In Whitley v. Albers
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  15. constitutes cruel and unusual punishment forbidden by the Eighth Amendment.''' Id., at 319 (quoting Ingraham v. Wright
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  16. See Estelle v. Gamble
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  17. or maliciously and sadistically for the very purpose of causing harm.''' Id., at 320-321 (quoting Johnson v. Glick
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  18. F.2d 1028 , 1033 (CA2), cert. denied sub nom. John v. Johnson
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  19. preserve internal order and discipline and to maintain institutional security.''' 475 U. S., at 321-322 (quoting Bell v. Wolfish
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  20. force works no innovation. This Court derived the Whitley test from one articulated by Judge Friendly in Johnson v. Glick
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  21. already apply the Whitley standard to allegations of excessive force outside of the riot situation. See Corselli v. Coughlin
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  22. Miller v. Leathers
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  23. Haynes v. Marshall
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  24. Stenzel v. Ellis
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  25. Brown v. Smith
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  26. F.2d 1187 , 1188 (CAll 1987). But see Unwin v. Campbell
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  27. of Eighth Amendment analysis. See Wilson v. Seiter
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  28. and so admits of few absolute limitations. Rhodes v. Chapman
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  29. U. S. 337 , 346 (1981) (quoting Trop v. Dulles
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  30. That is not to say that every malevolent touch by a prison guard gives rise to a federal cause of action. See Johnson v. Glick
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  31. Wilson did touch on these matters in the course of summarizing our prior holdings, beginning with Estelle v. Gamble
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  32. that animate the Eighth Amendment. Estelle, supra, at 102 (quoting Jackson v. Bishop
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  33. prohibited by the Eighth Amendment. See Johnson v. Glick
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  34. George v. Evans
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  35. But see Duckworth v. Franzen
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  36. of Appeals is Reversed. JUSTICE STEVENS, concurring in part and concurring in the judgment. In Whitley v. Albers
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  37. should be applied. Estelle v. Gamble
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  38. U. S. 97 , 104 (1976) (quoting Gregg v. Georgia
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  39. see Unwin v. Campbell
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  40. see also Wyatt v. Delaney
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  41. be practiced only outside this Nation's borders, are hardly unknown within this Nation's prisons. See, e. g., Campbell v. Grammer
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  42. Jackson v. Bishop
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  43. device that generated electric shocks to sensitive body parts, and flogging with leather strap). See also Hutto v. Finney
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  44. U. S. 678 , 682, n. 5 (1978). Because I was in the dissent in Whitley v. Albers
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  45. standing to sue should be conferred upon certain plaintiffs. See, e. g., Associated General Contractors of Cal., Inc. v. Carpenters
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  46. Blue Chip Stamps v. Manor
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  47. and imprisoned usually is divested of the franchise, the right to file a court action stands, in the words of Yick Wo v. Hopkins
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  48. Patsy v. Board
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  49. they acted in an objectively reasonable manner, thereby entitling them to a qualified immunity defense. Procunier v. Navarette
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  50. see also Harlow v. Fitzgerald
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