Does the Eighth Amendment bar "de minimis uses of physical force" in the context of "cruel and unusual" punishment?

MultiRegion, United States of America

The following excerpt is from Tayler v. Jfminez, Case No. 1:19-cv-0068-BAM (PC) (E.D. Cal. 2020):

However, "[t]he Eighth Amendment's prohibition of 'cruel and unusual' punishments necessarily excludes from constitutional recognition de minimis uses of physical force, provided that the use of force is not of a sort repugnant to the conscience of mankind." Wilkins v. Gaddy, 559 U.S. 34, 37-38 (2010) (citation omitted). "An inmate who complains of a push or shove that causes no discernible injury almost certainly fails to state a valid excessive force claim." Id. (citation and internal quotations omitted).

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