The following excerpt is from Armstrong v. Hicks, Case No. 1:13-cv-01878-AWI-MJS (PC) (E.D. Cal. 2013):
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." Id. at 9-10; see also Oliver v. Keller, 289 F.3d 623, 628 (9th Cir. 2002) (Eighth Amendment excessive force standard examines de minimis uses of force, not de minimis injuries).
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