Hudson v. McMillian, 503 U.S. 1, 21 (1992)

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

Thomas, J., dissenting

causing harm.' " Id., at 320-321 (quoting Johnson v. Glick, 481 F. 2d 1028, 1033 (CA2) (Friendly, J.), cert. denied sub nom. John v. Johnson, 414 U. S. 1033 (1973)).

We synthesized our Eighth Amendment prison jurisprudence last Term in Wilson, supra. There the inmate alleged that the poor conditions of his confinement per se amounted to cruel and unusual punishment, and argued that he should not be required in addition to establish that officials acted culpably. We rejected that argument, emphasizing that an inmate seeking to establish that a prison deprivation amounts to cruel and unusual punishment always must satisfy both the "objective component . . . (Was the deprivation sufficiently serious?)" and the "subjective component (Did the officials act with a sufficiently culpable state of mind?)" of the Eighth Amendment. Id., at 298. Both are necessary components; neither suffices by itself.

These subjective and objective components, of course, are implicit in the traditional Eighth Amendment jurisprudence, which focuses on penalties meted out by statutes or sentencing judges. Thus, if a State were to pass a statute ordering that convicted felons be broken at the wheel, we would not separately inquire whether the legislature had acted with "deliberate indifference," since a statute, as an intentional act, necessarily satisfies an even higher state-of-mind threshold. Likewise, the inquiry whether the deprivation is objectively serious would be encompassed within our determination whether it was "cruel and unusual."

When we cut the Eighth Amendment loose from its historical moorings and applied it to a broad range of prison deprivations, we found it appropriate to make explicit the limitations described in Estelle, Rhodes, Whitley, and Wilson. "If the pain inflicted is not formally meted out as punishment by the statute or the sentencing judge, some mental element must be attributed to the inflicting officer before it can qualify," Wilson, 501 U. S., at 300 (emphasis in original)—thus, the subjective component. Similarly, because deprivations

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