What is the test for establishing a violation of the Eighth Amendment?
MultiRegion, United States of America
The following excerpt is from Jordan v. Gardner, 986 F.2d 1521 (9th Cir. 1993):
The prison officials propose use of another test altogether for establishing a violation of the Eighth Amendment. They argue that the Eighth Amendment challenge, like all of the inmates' other claims, should be measured under the "reasonableness" standard of Turner v. Safley, 482 U.S. 78, 107 S.Ct. 2254, 96 L.Ed.2d 64 (1987), rather than by the traditional Eighth Amendment approach. We reject this argument.
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