In my view, a use of force [by a prison guard] that causes only insignificant harm to a prisoner may be immoral , it may be tortuous [an actionable civil wrong], it may be criminal, and it may even be remediable under other provisions of the Federal Constitution, but it is not cruel and unusual punishment. In concluding to the contrary, the Court today goes far beyond our precedents. (Hudson v. McMillian, 503 U.S. 1, 18 (1992). Dissenting.
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I wonder if such an action by a guard is even a 'punishment'. That is, as I understand punishment, it's something meted out by a judge based on the relevant law(s). While what the guard did should be addressed by the legal system, I don't agree that the prohibition against 'cruel and unusual punishments' even applies.
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