Hudson v. McMillian, 503 U.S. 1, 11 (1992)

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Cite as: 503 U. S. 1 (1992)

Opinion of the Court

at 102-103 (internal quotation marks omitted). This is the same rule the dissent would reject. With respect to the objective component of an Eighth Amendment claim, however, Wilson suggested no departure from Estelle and its progeny.

The dissent's argument that claims based on excessive force and claims based on conditions of confinement are no different in kind, post, at 24-25, and n. 4, is likewise unfounded. Far from rejecting Whitley's insight that the unnecessary and wanton infliction of pain standard must be applied with regard for the nature of the alleged Eighth Amendment violation, the Wilson Court adopted it. See Wilson, 501 U. S., at 302-303. How could it be otherwise when the constitutional touchstone is whether punishment is cruel and unusual? To deny, as the dissent does, the difference between punching a prisoner in the face and serving him unappetizing food is to ignore the " 'concepts of dignity, civilized standards, humanity, and decency' " that animate the Eighth Amendment. Estelle, supra, at 102 (quoting Jackson v. Bishop, 404 F. 2d 571, 579 (CA8 1968)).

C

Respondents argue that, aside from the significant injury test applied by the Fifth Circuit, their conduct cannot constitute an Eighth Amendment violation because it was "isolated and unauthorized." Brief for Respondents 28. The beating of Hudson, they contend, arose from "a personal dispute between correctional security officers and a prisoner," and was against prison policy. Ibid. Respondents invoke the reasoning of courts that have held the use of force by prison officers under such circumstances beyond the scope of "punishment" prohibited by the Eighth Amendment. See Johnson v. Glick, supra, at 1032 ("[A]lthough a spontaneous attack by a guard is 'cruel' and, we hope, 'unusual,' it does not fit any ordinary concept of 'punishment' "); George v. Evans, 633 F. 2d 413, 416 (CA5 1980) ("[A] single, unauthorized assault by a guard does not constitute cruel and unusual pun-

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