Case law · Highest court · Federal

Hudson v. McMillian

Decided
February 25, 1992
Docket
90-6531
Status
Published
Jurisdiction
Federal

Cited 8,199 timesAbrogated (not yet verified)Possible negative treatment: abrogated (not yet verified)

What later courts said

  • holding that “cruel and unusual punishment necessarily excludes from constitutional recognition de minimis uses of physical force” — Flanory v. Bonn (2010)
  • holding that excessive force against a prisoner violates the Eighth Amendment even in the absence of significant injury — (untitled) (1996)
  • concluding that the use of excessive physical force against a prisoner may constitute cruel and unusual punishment even where prisoner is not seriously injured — Vance v. Rumsfeld (2011)

Each line is a later court’s own words about this case, not a summary. Read the opinion before relying on it.

How the opinion begins

[*4] Justice O’Connor delivered the opinion of the Court.

This case requires us to decide whether the use of excessive physical force against a prisoner may constitute cruel and unusual punishment when the inmate does not suffer serious injury. We answer that question in the affirmative.

I

Statutes cited

Cite this

Hudson v. McMillian, 503 U.S. 1 (1992)

Read the full opinion

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