Hudson v. McMillian
| Hudson v. McMillian | |
|---|---|
| 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 | |
| |
| 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.