16
Blackmun, J., concurring in judgment
496, 507-512 (1982). Moreover, prison officials are entitled to a determination before trial whether they acted in an objectively reasonable manner, thereby entitling them to a qualified immunity defense. Procunier v. Navarette, 434 U. S. 555, 561-562 (1978); see also Harlow v. Fitzgerald, 457 U. S. 800, 817-818 (1982) (unsubstantiated allegations of malice are insufficient to overcome pretrial qualified immunity). Additionally, a federal district court is authorized to dismiss a prisoner's complaint in forma pauperis "if satisfied that the action is frivolous or malicious." 28 U. S. C. § 1915(d). These measures should be adequate to control any docket-management problems that might result from meritless prisoner claims.
II
I do not read anything in the Court's opinion to limit injury cognizable under the Eighth Amendment to physical injury. It is not hard to imagine inflictions of psychological harm—without corresponding physical harm—that might prove to be cruel and unusual punishment. See, e. g., Wisniewski v. Kennard, 901 F. 2d 1276, 1277 (CA5) (guard placing a revolver in inmate's mouth and threatening to blow prisoner's head off), cert. denied, 498 U. S. 926 (1990). The issue was not presented here, because Hudson did not allege that he feared that the beating incident would be repeated or that it had caused him anxiety and depression. See App. 29.
As the Court makes clear, the Eighth Amendment prohibits the unnecessary and wanton infliction of "pain," rather than "injury." Ante, at 5. "Pain" in its ordinary meaning surely includes a notion of psychological harm. I am unaware of any precedent of this Court to the effect that psychological pain is not cognizable for constitutional purposes. If anything, our precedent is to the contrary. See Sierra Club v. Morton, 405 U. S. 727, 734 (1972) (recognizing Article III standing for "aesthetic" injury); Brown v. Board of Education, 347 U. S. 483, 494 (1954) (identifying schoolchildren's
Page: Index Previous 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 NextLast modified: October 4, 2007