Hudson v. McMillian

Hudson v. McMillian
Argued November 13, 1991
Decided February 25, 1992
Full case nameHudson v. McMillian
Citations503 U.S. 1 (more)
112 S. Ct. 995; 117 L. Ed. 2d 156; 1992 U.S. LEXIS 1372
Case history
Prior929 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
Chief Justice
William Rehnquist
Associate Justices
Byron White · Harry Blackmun
John P. Stevens · Sandra Day O'Connor
Antonin Scalia · Anthony Kennedy
David Souter · Clarence Thomas
Case opinions
MajorityO'Connor, joined by Rehnquist, White, Kennedy, Souter; Stevens (Parts I, II-A, II-B, II-C)
ConcurrenceStevens (in part and in judgment)
ConcurrenceBlackmun (in the judgment)
DissentThomas, 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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