28
Thomas, J., dissenting
II
Today's expansion of the Cruel and Unusual Punishments Clause beyond all bounds of history and precedent is, I suspect, yet another manifestation of the pervasive view that the Federal Constitution must address all ills in our society. Abusive behavior by prison guards is deplorable conduct that properly evokes outrage and contempt. But that does not mean that it is invariably unconstitutional. The Eighth Amendment is not, and should not be turned into, a National Code of Prison Regulation. To reject the notion that the infliction of concededly "minor" injuries can be considered either "cruel" or "unusual" punishment (much less cruel and unusual punishment) is not to say that it amounts to acceptable conduct. Rather, it is to recognize that primary responsibility for preventing and punishing such conduct rests not with the Federal Constitution but with the laws and regulations of the various States.
Petitioner apparently could have, but did not, seek redress for his injuries under state law.5 Respondents concede that
5 According to respondents: "Louisiana state courts are open to prisoners for the purpose of suing prison personnel who have caused them unjustified wrongs. For example, see Parker v. State, 282 So. 2d 483, 486-87 (La. 1973), cert. denied, 414 U. S. 1093 (1973); Anderson v. Phelps, 451 So. 2d 1284, 1285 (La. Ct. App. 1st Cir. 1984); McGee v. State, 417 So. 2d 416, 418 (La. Ct. App. 1st Cir.), writ denied, 420 So. 2d 871 (La. 1982); Neathery v. State, 395 So. 2d 407, 410 (La. Ct. App. 3d Cir. 1981); Shields v. State Through Dep't of Corrections, 380 So. 2d 123 (La. Ct. App. 1st Cir. 1979), writ denied, 382 So. 2d 164; Craft v. State, 308 So. 2d 290, 295 (La. Ct. App. 1st Cir.), writ denied, 319 So. 2d 441 (La. 1975), cert. denied, 423 U. S. 1075, 96 S. Ct. 859, 47 L. Ed. 2d 84 (1975); Lewis v. Listi, 377 So. 2d 551, 553 (La. Ct. App. 3d Cir. 1979); Bastida v. State, 269 So. 2d 544, 545 (La. Ct. App. 1st Cir. 1972); Adams v. State, 247 So. 2d 149, 151 (La. Ct. App. 1st Cir. 1971); St. Julian v. State, 98 So. 2d 284 (La. Ct. App. 1st Cir. 1957); Nedd v. State, 281 So. 2d 131, 132 (La. 1973), cert. denied, 415 U. S. 957, 94 S. Ct. 1484, 39 L. Ed. 2d 572 (1974); Mack v. State, 529 So. 2d 446, 448 (La. Ct. App. 1st Cir. 1988), writ denied, 533 So. 2d 359 (La. 1988); Walden v. State, 430 So. 2d 1224 (La. Ct. App. 1st Cir. 1983), writ denied, 435 So. 2d 430 (La. 1983);
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