What is the test for a prisoner who alleges that he was subjected to cruel and unusual punishment in prison?

MultiRegion, United States of America

The following excerpt is from Nible v. Fink, Case No.: 3:16-cv-02849-BAS (PCL) (S.D. Cal. 2017):

As for the Eighth Amendment, the prohibition against cruel and unusual punishment prohibits prison officials from using excessive physical force against prisoners, and requires them to "provide humane conditions of confinement," which includes access to food, clothing, shelter, and medical care along with prisoner safety. Farmer v. Brennan, 511 U.S. 825, 833 (1994). Any prisoner, therefore, who asserts that a prison official violated his Eighth Amendment rights must demonstrate (1) that the deprivation suffered is objectively, sufficiently serious and (2) that the official has a sufficiently culpable state of mind to implicate the Eighth Amendment's protection against the "unnecessary and wanton infliction of pain." Id. at 834. To satisfy the first

Page 12

Other Questions


Does the Eighth Amendment prohibit cruel and unusual punishments that cannot be said to be cruel or unusual under contemporary standards of decency? (MultiRegion, United States of America)
What are the legal standards for sustaining an inmate's claim for cruel and unusual punishment premised on alleged sexual misconduct by a correctional officer? (MultiRegion, United States of America)
What constitutes cruel and unusual punishment in a prison? (MultiRegion, United States of America)
What is the test for a prison official to be found guilty of cruel and unusual punishment under the Eighth Amendment? (MultiRegion, United States of America)
Does a prisoner's claim of inadequate medical care constitute cruel and unusual punishment in violation of the Eighth Amendment? (MultiRegion, United States of America)
Does a prison security measure in a maximum security unit violate the cruel and unusual punishment clause of the Eighth Amendment? (MultiRegion, United States of America)
Does a prisoner's court document need to be delivered to prison officials on the date the prisoner delivered it to the prison officials for mailing? (MultiRegion, United States of America)
What constitutes cruel and unusual punishment after release from prison? (MultiRegion, United States of America)
What is the current state of the law on cruel and unusual punishment in prison? (MultiRegion, United States of America)
What is the test for finding a prison official guilty of cruel and unusual punishment for failing to protect an inmate from physical abuse? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.