Cite as: 503 U. S. 1 (1992)
Blackmun, J., concurring in judgment
into account the very real threats the unrest presents to inmates and prison officials alike." Id., at 320.
Absent such special circumstances, however, the less demanding standard of " 'unnecessary and wanton infliction of pain' " should be applied. Estelle v. Gamble, 429 U. S. 97, 104 (1976) (quoting Gregg v. Georgia, 428 U. S. 153, 173 (1976) ( joint opinion of Stewart, Powell, and Stevens, JJ.)); see Unwin v. Campbell, 863 F. 2d 124, 135 (CA1 1988) (opinion of Campbell, C. J.) ("[W]here institutional security is not at stake, the officials' license to use force is more limited; to succeed, a plaintiff need not prove malicious and sadistic intent"); see also Wyatt v. Delaney, 818 F. 2d 21, 23 (CA8 1987). This approach is consistent with the Court's admonition in Whitley that the standard to be used is one that gives "due regard for differences in the kind of conduct against which an Eighth Amendment objection is lodged." 475 U. S., at 320. In this case, because there was no prison disturbance and "no need to use any force since the plaintiff was already in restraints," App. 27, the prison guards' attack upon petitioner resulted in the infliction of unnecessary and wanton pain. Id., at 28.
Although I think that the Court's reliance on the malicious and sadistic standard is misplaced, I agree with the Court that even this more demanding standard was met here. Accordingly, I concur in Parts I, II-A, II-B, and II-C of the Court's opinion and in its judgment.
Justice Blackmun, concurring in the judgment.
The Court today appropriately puts to rest a seriously misguided view that pain inflicted by an excessive use of force is actionable under the Eighth Amendment only when coupled with "significant injury," e. g., injury that requires medical attention or leaves permanent marks. Indeed, were we to hold to the contrary, we might place various kinds of state-sponsored torture and abuse—of the kind ingeniously designed to cause pain but without a telltale "significant
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