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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