Hudson v. McMillian, 503 U.S. 1, 23 (1992)

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

Thomas, J., dissenting

sadistically use force to cause harm, contemporary standards of decency always are violated." Ante, at 9. Ascertaining prison officials' state of mind, in other words, is the only relevant inquiry in deciding whether such cases involve cruel and unusual punishment. In my view, this approach is an unwarranted and unfortunate break with our Eighth Amendment prison jurisprudence.

The Court purports to derive the answer to this case from Whitley. The sum and substance of an Eighth Amendment violation, the Court asserts, is " ' "the unnecessary and wanton infliction of pain." ' " Ante, at 5 (quoting Whitley, 475 U. S., at 319). This formulation has the advantage, from the Court's perspective, of eliminating the objective component. As noted above, however, the only dispute in Whitley concerned the subjective component; the prisoner, who had been shot, had self-evidently been subjected to an objectively serious injury. Whitley did not say, as the Court does today, that the objective component is contextual, and that an Eighth Amendment claim may succeed where a prisoner is not seriously injured. Rather, Whitley stands for the proposition that, assuming the existence of an objectively serious deprivation, the culpability of an official's state of mind depends on the context in which he acts. "Whitley teaches that, assuming the conduct is harmful enough to satisfy the objective component of an Eighth Amendment claim, see Rhodes v. Chapman, 452 U. S. 337 (1981), whether it can be characterized as 'wanton' depends upon the constraints facing the official." Wilson, supra, at 303 (emphasis modified). Whether officials subject a prisoner to the "unnecessary and wanton infliction of pain" is simply one way to describe the state of mind inquiry that was at issue in Whitley itself. As Wilson made clear, that inquiry is necessary but not sufficient when a prisoner seeks to show that he has been subjected to cruel and unusual punishment.

Perhaps to compensate for its elimination of the objective component in excessive force cases, the Court simultane-

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