Is infliction of suffering by a prison guard an actionable violation of the Eighth Amendment?
MultiRegion, United States of America
The following excerpt is from Burton v. Barnes, No. 2:13-cv-0169 EFB P (E.D. Cal. 2013):
pain," i.e., infliction of suffering that is "totally without penological justification," that violates the Eighth Amendment); Hudson v. McMillian, 503 U.S. 1 at 9 (1992) (not every "malevolent touch" by a prison guard is actionable as an Eighth Amendment violation).
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