Hudson v. McMillian | |
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Argued November 13, 1991 Decided February 25, 1992 | |
Full case name | Hudson v. McMillian |
Citations | 503 U.S. 1 (more) 112 S. Ct. 995; 117 L. Ed. 2d 156; 1992 U.S. LEXIS 1372 |
Case history | |
Prior | 929 F.2d 1014 (5th Cir. 1990), reversed. |
Holding | |
The use of excessive physical force against a prisoner may constitute cruel and unusual punishment even though the inmate does not suffer serious injury. | |
Court membership | |
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Case opinions | |
Majority | O'Connor, joined by Rehnquist, White, Kennedy, Souter; Stevens (Parts I, II-A, II-B, II-C) |
Concurrence | Stevens (in part and in judgment) |
Concurrence | Blackmun (in the judgment) |
Dissent | Thomas, joined by Scalia |
Laws applied | |
U.S. Const. amend. VIII |
Hudson v. McMillian, 503 U.S. 1 (1992), is a United States Supreme Court decision where the Court on a 7–2 vote held that the use of excessive physical force against a prisoner may constitute cruel and unusual punishment even though the inmate does not suffer serious injury.
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