What constitutes "cruel and unusual punishment" under section 1983 of the Criminal Code for beating, kicking and choking an inmate?

Although the guards' conduct may be considered hostile to appellant, it does not rise to the level of "cruel and unusual" punishment actionable under Section 1983. Cf. Gaut v. Sunn, 810 F.2d 923, 924-25 (9th Cir.1987) (beating, kicking and choking while handcuffed is actionable under Section 1983); McRorie, 795 F.2d at 783 (guard's plunging of a riot stick into inmate's anus and causing rupture of hemorrhoids constitute cruel and unusual punishment). Moreover, appellant was apparently removed from his cell and handcuffed after he refused to cooperate with the search of his cell. Hence, the guards applied the force in a good faith effort to maintain discipline. See McRorie, 795 F.2d 785. "The infliction of pain

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