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
The following excerpt is from Clemmons v. Bach, 122 F.3d 1070 (9th Cir. 1997):
Prison officials violate the Eighth Amendment when they use excessive force maliciously and sadistically to cause prisoners physical harm. See Hudson v. McMillian, 503 U.S. 1, 6-7 (1992). The harm sustained by prisoners, however, need not result in a serious injury. See id. at 7-9.
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