Hudson v. McMillian: Opening and Closing the Door to Eighth Amendment Excessive Force ClaimsThere is no novelty in being called upon to interpret a constitutional provision that is less than self-deñning, but, of all our fundamental guarantees, the ban on" cruel and unusual punishments" is ...
1983 against defendants, alleging excessive force in violation of the Fourth Amendment. The district court… MacMann v. Matthes Date: December 9, 2016 Docket Number: 15-3400 Justia Opinion Summary: Plaintiffs filed suit against the City, alleging that the City violated their rights under ...
court case involving Police Officer Scott and Harris through examining the prisoner Eighth Amendment excessive force claims, noting the videotaped evidence. It discusses the facts and holding of the Scott versus Harris case. It presents the summary judgment before Scott and notes the criticism the ...
James Riley Able
Part I consists of a discussion of the history of the Eighth Amendment. Part II is an examination of the current divergence between the two areas. Finally, Part III consists of a suggestion of how to unite the two and weighing the pros and cons of such a change.Reinert, Alexander A...
Hudson v. McMillian: The Evolving Standard of Eighth Amendment Application to the Use of Excessive Force against Prison Inmatesof any rights, privileges, or immunities secured by the Constitution and laws, shall be 839 (1969);Ronald H. Rosenberg, Constitutional Law-The Eighth Amendment and Prison...