When a prison guard stands accused of using excessive force in violation of the Eighth Amendment, what is the test for excessive force?

MultiRegion, United States of America

The following excerpt is from Dickey v. Strayhorn, Case No.: 17-cv-546 JLS (JLB) (S.D. Cal. 2017):

When a prison guard stands accused of using excessive force in violation of the Eighth Amendment, "the core judicial inquiry is . . . whether force was applied in a good-faith effort to maintain or restore discipline, or maliciously and sadistically to cause harm." Hudson v. McMillian, 503 U.S. 1, 7 (1992). In analyzing an Eighth Amendment excessive force claim, courts consider the following factors: (1) the need for application of force; (2) the relationship between the need and the amount of force used; (3) the extent of the injury inflicted; (4) the threat "reasonably perceived by the responsible officials"; and (5) "any efforts made to temper the severity of a forceful response." Id.

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