hudson mcmillian argued november decided february petitioner hudson louisiana prison inmate testified minor bruises facial swelling loosened teeth cracked dental plate suffered resulted beating respondent prison guards mcmillian woods handcuffed shackled following argument mcmillian respondent mezo supervisor duty watched beating merely told officers much fun magistrate trying hudson district suit found officers used force need mezo expressly condoned actions ruled respondents violated eighth amendment prohibition cruel unusual punishments awarded hudson damages appeals reversed holding inter alia inmates alleging use excessive force violation amendment must prove significant injury hudson prevail injuries minor required medical attention held use excessive physical force prisoner may constitute cruel unusual punishment even though inmate suffer serious injury pp whenever prison officials stand accused using excessive physical force constituting unnecessary wanton infliction pain violative cruel unusual punishments clause core judicial inquiry set whitley albers whether force applied good faith effort maintain restore discipline maliciously sadistically cause harm extending whitley application unnecessary wanton infliction pain standard allegations force whether prison disturbance riot lesser disruption works innovation see johnson glick cert denied pp since whitley approach extent injury suffered inmate one factors considered determining whether use force wanton unnecessary absence serious injury relevant end eighth amendment inquiry merit respondents assertion significant injury requirement mandated termed wilson seiter objective component eighth amendment analysis whether alleged wrongdoing objectively harmful enough establish constitutional violation component contextual responsive contemporary standards decency estelle gamble excessive force context standards always violated prison officials maliciously sadistically use force cause harm see whitley whether significant injury evident moreover although amendment reach de minimis uses physical force provided use sort repugnant conscience mankind blows directed hudson de minimis extent injuries thus provides basis dismissal claim pp dissent theory wilson requires inmate alleges excessive force show significant injury addition unnecessary wanton infliction pain misapplies wilson ignores body eighth amendment jurisprudence wilson involve allegation excessive force respect objective component eighth amendment claim suggested departure estelle progeny dissent argument excessive force claims conditions confinement claims different kind likewise unfounded deny difference punching prisoner face serving unappetizing food ignore concepts dignity civilized standards humanity decency animate eighth amendment see estelle supra pp takes position respondents legal argument conduct isolated unauthorized prison policy therefore beyond scope punishment prohibited eighth amendment argument inapposite record since appeals left intact magistrate determination violence issue isolated assault ignores magistrate finding supervisor mezo expressly condoned use force moreover extent respondents rely unauthorized nature acts make claim addressed appeals presented question granted certiorari accordingly pp delivered opinion rehnquist white kennedy souter joined stevens joined parts stevens filed opinion concurring part concurring judgment blackmun filed opinion concurring judgment thomas filed dissenting opinion scalia joined alvin bronstein appointment argued cause petitioner briefs john powell steven shapiro mark lopez elizabeth alexander deputy solicitor general roberts argued cause amicus curiae urging reversal brief solicitor general starr assistant attorneys general wright ronald mann harry mccall special assistant attorney general louisiana argued case respondents brief william guste attorney general jenifer schaye clifton bingham houston gascon iii joseph erwin kopsa assistant attorneys general briefs amici curiae urging reversal filed americans effective law enforcement daniel hales emory plitt wayne schmidt james manak prisoners legal services project theodore howard richard arsenault human rights watch cameron clark prisoners legal service new york john gresham stephen latimer brief amici curiae urging affirmance filed state texas et al dan morales attorney general texas pryor first assistant attorney general mary keller deputy attorney general michael hodge charles palmer sharon felfe adrian young assistant attorneys general joined attorneys general respective follows warren price iii hawaii joseph meyer wyoming frankie sue del papa nevada robert butterworth florida justice delivered opinion time incident subject suit petitioner keith hudson inmate state penitentiary angola louisiana respondents jack mcmillian marvin woods arthur mezo served corrections security officers angola facility early morning hours october hudson mcmillian argued assisted woods mcmillian placed hudson handcuffs shackles took prisoner cell walked toward penitentiary administrative lockdown area hudson testified way mcmillian punched hudson mouth eyes chest stomach woods held inmate place kicked punched behind testified mezo supervisor duty watched beating merely told officers much fun app result episode hudson suffered minor bruises swelling face mouth lip blows also loosened hudson teeth cracked partial dental plate rendering unusable several months hudson sued three corrections officers federal district alleging violation eighth amendment prohibition cruel unusual punishments seeking compensatory damages parties consented disposition case magistrate found mcmillian woods used force need mezo expressly condoned actions app magistrate awarded hudson damages appeals fifth circuit reversed held inmates alleging use excessive force violation eighth amendment must prove significant injury resulting directly use force clearly excessive need excessiveness objectively unreasonable action constituted unnecessary wanton infliction pain id determined respondents use force objectively unreasonable force required furthermore conduct mcmillian woods qualified clearly excessive occasioned unnecessary wanton infliction pain ibid however hudson prevail eighth amendment claim injuries minor required medical attention ibid granted certiorari determine whether significant injury requirement applied appeals accords constitution dictate cruel unusual punishment shall inflicted ii whitley albers principal question us legal standard govern eighth amendment claim inmate shot guard prison riot based answer settled rule unnecessary wanton infliction pain constitutes cruel unusual punishment forbidden eighth amendment quoting ingraham wright internal quotation omitted necessary establish unnecessary wanton infliction pain said varies according nature alleged constitutional violation example appropriate inquiry inmate alleges prison officials failed attend serious medical needs whether officials exhibited deliberate indifference see estelle gamble standard appropriate state responsibility provide inmates medical care ordinarily conflict competing administrative concerns whitley supra contrast officials confronted prison disturbance must balance threat unrest poses inmates prison workers administrators visitors harm inmates may suffer guards use force despite weight competing concerns corrections officials must make decisions haste pressure frequently without luxury second chance accordingly concluded whitley application deliberate indifference standard inappropriate authorities use force put prison disturbance instead question whether measure taken inflicted unnecessary wanton pain suffering ultimately turns whether force applied good faith effort maintain restore discipline maliciously sadistically purpose causing harm quoting johnson glick cert denied sub nom john johnson many concerns underlying holding whitley arise whenever guards use force keep order whether prison disturbance riot lesser disruption corrections officers must balance need maintain restore discipline force risk injury inmates situations may require prison officials act quickly decisively likewise implicate principle rison administrators accorded deference adoption execution policies practices judgment needed preserve internal order discipline maintain institutional security quoting bell wolfish recognition similarities hold whenever prison officials stand accused using excessive physical force violation cruel unusual punishments clause core judicial inquiry set whitley whether force applied good faith effort maintain restore discipline maliciously sadistically cause harm extending whitley application unnecessary wanton infliction pain standard allegations excessive force works innovation derived whitley test one articulated judge friendly johnson glick supra case arising prisoner claim beaten harassed guard moreover many courts appeals already apply whitley standard allegations excessive force outside riot situation see corselli coughlin miller leathers en banc cert denied haynes marshall stenzel ellis brown smith see unwin campbell rejecting application whitley standard absent actual disturbance whitley approach extent injury suffered inmate one factor may suggest whether use force plausibly thought necessary particular situation instead evinced wantonness respect unjustified infliction harm tantamount knowing willingness occur whitley determining whether use force wanton unnecessary may also proper evaluate need application force relationship need amount force used threat reasonably perceived responsible officials efforts made temper severity forceful response ibid absence serious injury therefore relevant eighth amendment inquiry end respondents nonetheless assert significant injury requirement sort imposed fifth circuit mandated termed objective component eighth amendment analysis see wilson seiter wilson extended deliberate indifference standard applied eighth amendment claims involving medical care claims conditions confinement taking step suggested subjective aspect eighth amendment claim concerned distinguished objective facet claim thus courts considering prisoner claim must ask officials act ed sufficiently culpable state mind alleged wrongdoing objectively harmful enough establish constitutional violation respect objective component eighth amendment violation wilson announced new rule instead decision suggested relationship requirements applicable different types eighth amendment claims necessary show sufficient harm purposes cruel unusual punishments clause depends upon claim issue two reasons first general requirement eighth amendment claimant allege prove unnecessary wanton infliction pain applied due regard differences kind conduct eighth amendment objection lodged whitley supra second eighth amendment prohibition cruel unusual punishments draw meaning evolving standards decency mark progress maturing society admits absolute limitations rhodes chapman quoting trop dulles plurality opinion objective component eighth amendment claim therefore contextual responsive contemporary standards decency estelle supra instance extreme deprivations required make claim routine discomfort part penalty criminal offenders pay offenses society rhodes supra deprivations denying minimal civilized measure life necessities sufficiently grave form basis eighth amendment violation wilson supra quoting rhodes supra internal citation omitted similar analysis applies medical needs society expect prisoners unqualified access health care deliberate indifference medical needs amounts eighth amendment violation needs serious see estelle gamble excessive force context society expectations different prison officials maliciously sadistically use force cause harm contemporary standards decency always violated see whitley supra true whether significant injury evident otherwise eighth amendment permit physical punishment matter diabolic inhuman inflicting less arbitrary quantity injury result unacceptable drafters eighth amendment today see estelle supra proscribing torture barbarous punishment primary concern drafters eighth amendment wilkerson utah safe affirm punishments torture others line unnecessary cruelty forbidden eighth amendment say every malevolent touch prison guard gives rise federal cause action see johnson glick every push shove even may later seem unnecessary peace judge chambers violates prisoner constitutional rights eighth amendment prohibition cruel unusual punishments necessarily excludes constitutional recognition de minimis uses physical force provided use force sort repugnant conscience mankind whitley quoting estelle supra internal quotation marks omitted case fifth circuit found hudson claim untenable injuries minor yet blows directed hudson caused bruises swelling loosened teeth cracked dental plate de minimis eighth amendment purposes extent hudson injuries thus provides basis dismissal claim dissent theory wilson requires inmate alleges excessive use force show serious injury addition unnecessary wanton infliction pain misapplies wilson ignores body eighth amendment jurisprudence already suggested question wilson hether prisoner claiming conditions confinement constitute cruel unusual punishment must show culpable state mind part prison officials state mind required wilson supra wilson presented neither allegation excessive force issue relating dubbed objective component eighth amendment claim wilson touch matters course summarizing prior holdings beginning estelle gamble supra estelle noted first applied cruel unusual punishments clause deprivations specifically part prisoner sentence wilson supra might expected primacy estelle stated principle underlying cases discussed wilson punishments incompatible evolving standards decency mark progress maturing society involv ing unnecessary wanton infliction pain repugnant eighth amendment estelle supra internal quotations omitted rule dissent reject respect objective component eighth amendment claim however wilson suggested departure estelle progeny dissent argument claims based excessive force claims based conditions confinement different kind post likewise unfounded far rejecting whitley insight unnecessary wanton infliction pain standard must applied regard nature alleged eighth amendment violation wilson adopted see wilson otherwise constitutional touchstone whether punishment cruel unusual deny dissent difference punching prisoner face serving unappetizing food ignore concepts dignity civilized standards humanity decency animate eighth amendment estelle supra quoting jackson bishop respondents argue aside significant injury test applied fifth circuit conduct constitute eighth amendment violation isolated unauthorized brief respondents beating hudson contend arose personal dispute correctional security officers prisoner prison policy ibid respondents invoke reasoning courts held use force prison officers circumstances beyond scope punishment prohibited eighth amendment see johnson glick supra lthough spontaneous attack guard cruel hope unusual fit ordinary concept punishment george evans single unauthorized assault guard constitute cruel unusual punishment see duckworth franzen guard decided supplement prisoner official punishment beating punishment cert denied take position respondents legal argument find inapposite record appeals left intact magistrate determination violence issue case isolated assault app indeed testimony mcmillian woods beat another prisoner shortly finished hudson ibid extent respondents rely unauthorized nature acts make claim addressed fifth circuit presented question granted certiorari accordingly moreover respondents ignore magistrate finding lieutenant mezo acting supervisor expressly condoned use force instance app judgment appeals reversed justice stevens concurring part concurring judgment absent special circumstances however less demanding standard unnecessary wanton infliction pain applied estelle gamble quoting gregg georgia opinion stewart powell stevens jj see unwin campbell opinion campbell institutional security stake officials license use force limited succeed plaintiff need prove malicious sadistic intent see also wyatt delaney approach consistent admonition whitley standard used one gives due regard differences kind conduct eighth amendment objection lodged case prison disturbance need use force since plaintiff already restraints app prison guards attack upon petitioner resulted infliction unnecessary wanton pain although think reliance malicious sadistic standard misplaced agree even demanding standard met accordingly concur parts ii ii ii opinion judgment justice blackmun concurring judgment dissent whitley albers join extension whitley standard allegations excessive force even outside context prison riot nevertheless otherwise join solid opinion judgment eighth amendment require showing significant injury excessive force context write separately highlight two concerns addressed opinion citing rising caseloads respondents represented attorney general louisiana joined texas hawaii nevada wyoming florida amici curiae suggest significant injury requirement necessary curb number filings prison inmates informed significant injury requirement effective fifth circuit helping control docket management problems brief texas hawaii nevada wyoming florida amici curiae audacious approach eighth amendment assumes interpretation explicit constitutional protection guided pure policy preferences paring prisoner petitions perhaps judicial overload appropriate concern determining whether statutory standing sue conferred upon certain plaintiffs see associated general contractors california carpenters identifying rules circumscribing persons entitled sue clayton act blue chip stamps manor drug stores identifying judicial policy considerations limiting standing securities exchange act inherently concern appropriate role interpreting contours substantive constitutional right since burden courts presumably worth bearing prisoner suit merit concern aptly termed conclusion suits simply without merit one experience federal bench teaches contrary moreover particular classes cases nominated exclusion federal courthouse might look first cases federal law sensitively issue rather fundamental constitutional rights stake right file legal redress courts valuable prisoner citizen indeed prisoner valuable inasmuch one convicted serious crime imprisoned usually divested franchise right file action stands words yick wo hopkins fundamental political right preservative rights today ruling event open floodgates filings prison inmates statute prisoners alone among claimants required exhaust administrative remedies see stat patsy board regents florida moreover prison officials entitled determination trial whether acted objectively reasonable manner thereby entitling qualified immunity defense procunier navarette see also harlow fitzgerald unsubstantiated allegations malice insufficient overcome pretrial qualified immunity additionally federal district authorized dismiss prisoner complaint forma pauperis satisfied action frivolous malicious measures adequate control problems might result meritless prisoner claims ii read anything opinion limit injury cognizable eighth amendment physical injury hard imagine inflictions psychological harm without corresponding physical harm might prove cruel unusual punishment see wisniewski kennard guard placing revolver inmate mouth threatening blow prisoner head cert denied issue presented hudson allege feared beating incident repeated caused anxiety depression see app makes clear eighth amendment prohibits unnecessary wanton infliction pain rather injury ante pain ordinary meaning surely includes notion psychological harm unaware precedent effect psychological pain cognizable constitutional purposes anything precedent contrary see sierra club morton recognizing article iii standing aesthetic injury brown board education identifying schoolchildren feelings psychological inferiority segregation public schools sure opinion intimates ante de minimis nonmeasurable pain actionable eighth amendment psychological pain de minimis psychological pain often may clinically diagnosed quantified well established methods ordinary tort context damages pain suffering regularly awarded doubt read physical pain physical injury requirement eighth amendment less pernicious without foundation significant injury requirement reject today justice thomas justice scalia joins dissenting fifth circuit apply correct legal test determining petitioner claim eighth amendment rights cruel unusual punishment clause violated result single incident force respondents cause significant injury magistrate found facts case emphasized petitioner injuries minor app three judges fifth circuit heard case appeal disturb assessment challenged sole issue case comes us legal one must prisoner claims subjected cruel unusual punishment establish minimum suffered significant injury today responds negative broadly asserts unnecessary wanton use physical force prisoner automatically amounts cruel unusual punishment whenever de minimis force involved even de minimis use force goes declare inflicts cruel unusual punishment repugnant conscience mankind ante internal quotations omitted extent prisoner injured force indeed whether injured view irrelevant view use force causes insignificant harm prisoner may immoral may tortious may criminal may even remediable provisions federal constitution cruel unusual punishment concluding contrary today goes far beyond precedents recent years cruel unusual punishment clause deemed apply deprivations inflicted part sentence crime generations judges commentators regarded eighth amendment applying torturous punishments meted statutes sentencing judges generally hardship might befall prisoner incarceration weems extensively chronicled background amendment discussing english antecedents adoption congress construction interpretation analogous provisions state courts nowhere weems even hint clause might regulate criminal sentences treatment prisoners scholarly commentary also viewed clause governing punishments part sentence see cooley constitutional limitations certainly difficult determine precisely meant cruel unusual punishments probably punishment declared statute offence punishable way common law regarded cruel unusual constitutional sense probably new statutory offence may punished extent mode permitted common law offences similar nature degrading punishments state become obsolete existing constitution adopted think may well held forbidden cruel unusual emphasis added see also story commentaries constitution surely prison congenial place early years republic today judges commentators naive unaware often harsh conditions prison life rather simply conceive eighth amendment protecting inmates harsh treatment thus historically lower courts routinely rejected prisoner grievances explaining courts role regulating prison life well settled function courts superintend treatment discipline prisoners penitentiaries deliver imprisonment illegally confined stroud swope cert denied see also sutton settle per curiam cert denied ex rel atterbury ragen cert denied banning looney per curiam sarshik sanford years eighth amendment adopted first applied prisoner complaint deprivation suffered prison estelle gamble made clear estelle eighth amendment plays limited role regulating prison administration case involved claim prison doctors inadequately attended inmate medical needs rejected claim inmate failed allege acts omissions sufficiently harmful evidence deliberate indifference serious medical needs emphasis added outset thus specified eighth amendment apply every deprivation even every unnecessary deprivation suffered prisoner narrow class deprivations involving serious injury inflicted prison officials acting culpable state mind since described twin elements objective subjective components eighth amendment prison claim see wilson seiter never found violation eighth amendment prison context inmate failed establish either elements rhodes chapman instance upheld practice placing two inmates single cell ground injury alleged insufficiently serious prison conditions deny inmate minimal civilized measure life necessities said considered cruel unusual punishment similarly whitley albers held guard violate eighth amendment shot inmate prison riot acted sufficiently culpable state mind official uses force quell riot said violate eighth amendment unless acts maliciously sadistically purpose causing harm quoting johnson glick friendly cert denied sub nom john johnson synthesized eighth amendment prison jurisprudence last term wilson supra inmate alleged poor conditions confinement per se amounted cruel unusual punishment argued required addition establish officials acted culpably rejected argument emphasizing inmate seeking establish prison deprivation amounts cruel unusual punishment always must satisfy objective component deprivation sufficiently serious subjective component officials act sufficiently culpable state mind eighth amendment necessary components neither suffices subjective objective components course implicit traditional eighth amendment jurisprudence focuses penalties meted statutes sentencing judges thus state pass statute ordering convicted felons broken wheel separately inquire whether legislature acted deliberate indifference since statute intentional act necessarily satisfies even higher threshold likewise inquiry whether deprivation objectively serious encompassed within determination whether cruel unusual cut eighth amendment loose historical moorings applied broad range prison deprivations found appropriate make explicit limitations described estelle rhodes whitley wilson pain inflicted formally meted punishment statute sentencing judge mental element must attributed inflicting officer qualify wilson emphasis original thus subjective component similarly deprivations sorts essence imprisonment made explicit serious deprivation requirement ensure eighth amendment transfer wholesale regulation prison life executive officials judges wilson described inquiry mandated objective component deprivation sufficiently serious emphasis added formulation plainly reveals prior assumption serious deprivation always required analysis task given case determine whether challenged deprivation sufficiently serious interpretation today determine whether serious deprivation required given estelle rhodes whitley wilson one might assumed little difficulty answering question presented case upholding fifth circuit significant injury requirement instead announces objective component eighth amendment claim contextual responsive contemporary standards decency ante internal quotation omitted context claims alleging excessive use physical force asserts serious deprivation requirement satisfied serious deprivation prison officials maliciously sadistically use force cause harm contemporary standards decency always violated ibid ascertaining prison officials state mind words relevant inquiry deciding whether cases involve cruel unusual punishment view approach unwarranted unfortunate break eighth amendment prison jurisprudence purports derive answer case whitley sum substance eighth amendment violation asserts unnecessary wanton infliction pain ante quoting whitley formulation advantage perspective eliminating objective component noted however dispute whitley concerned subjective component prisoner shot subjected objectively serious injury whitley say today objective component contextual eighth amendment claim may succeed prisoner seriously injured rather whitley stands proposition assuming existence objectively serious deprivation culpability official state mind depends context acts whitley teaches assuming conduct harmful enough satisfy objective component eighth amendment claim see rhodes chapman whether characterized wanton depends upon constraints facing official wilson supra emphasis modified whether officials subject prisoner unnecessary wanton infliction pain simply one way describe state mind inquiry issue whitley wilson made clear inquiry necessary sufficient prisoner seeks show subjected cruel unusual punishment perhaps compensate elimination objective component excessive force cases simultaneously makes harder prisoners establish subjective component explained wilson deliberate indifference baseline mental state required establish eighth amendment violation departure baseline justified whitley prison officials act response emergency situations conduct characterized wanton unless taken maliciously sadistically purpose causing harm internal quotation omitted today extends heightened mental state applied whitley excessive force cases even competing institutional concerns present simply asserts concerns underlying holding whitley arise whenever guards use force keep order ante emphasis added agree many excessive force cases arise guards attempts keep order case basis petitioner eighth amendment claim guards hit need use force use excessive physical force means invariably fact perhaps even predominantly accompanied malicious sadistic state mind see justification applying extraordinary whitley standard excessive force cases without regard constraints facing prison officials unwarranted extension whitley suppose driven implausibility saying minor injuries imposed upon prisoners anything less malicious sadistic state mind amount cruel unusual punishment attempts distinguish cases expressly resting upon objective component equally unconvincing noted required extreme deprivation cases challenging conditions confinement rhodes chapman objectively serious deprivation required explanation routine discomfort part penalty criminal offenders pay offenses society ante quoting rhodes supra quite gap routine discomfort denial minimal civilized measure life necessities required establish eighth amendment violation view society standards decency violated anything short uncivilized conditions confinement matter malicious mental state officials involved automatically violated malicious use force regardless whether even causes injury puzzling see reason society standards decency readily offended officials culpable state mind subject prisoner deprivation one discrete occasion subject continuous deprivations time anything think deprivation inflicted continuously long period greater concern society deprivation inflicted one particular occasion attempted distinction estelle also unpersuasive society expect prisoners unqualified access health care deliberate indifference medical needs amounts eighth amendment violation needs serious ante view society similarly expectation prisoners unqualified freedom force since forcibly keeping prisoners detention prisons seriousness injury matter doctors maliciously decide treat inmate guards maliciously decide strike bottom course conclusive way refute assertions society contemporary notions decency precisely long insisted determinations whether punishment cruel unusual informed objective factors maximum possible extent rhodes supra internal quotations omitted attempts justify departure precedent saying showing serious injury required eighth amendment permit physical punishment matter diabolic inhuman inflicting less arbitrary quantity injury ante statement view reveals central flaw reasoning iabolic inhuman punishments definition inflict serious injury say injury must always physical many things beating rubber truncheon water torture electric shock incessant noise reruns space may cause agony occur yet leave enduring injury state free inflict pains without cause long careful leave marks williams boles surely prisoner alleges prison officials tortured device like notorious tucker telephone described justice blackmun ante alleged serious injury petitioner alleged deprivation type injuries alleged entirely physical found minor furthermore characterize serious injury requirement arbitrary explain eliminated particular context remains applicable prison deprivations sure always obvious injuries serious similarly always obvious medical needs serious conditions confinement deny minimal civilized measure life necessities determinations however required eighth amendment prohibits punishments cruel unusual explained think precedents clearly establish prisoner seeking prove subjected cruel unusual punishment must always show suffered serious deprivation taken word unnecessary wanton infliction pain upon prisoner per se amounts cruel unusual punishment implications today opinion sweeping formulation replaces objective component described prior cases necessity component many prison deprivations however necessary least meaningful definition word thus today analysis rhodes wrongly decided surely inmates necessary fulfill state penal mission fact prison case designed individual cells simply overcrowded rejected prisoners claim rhodes determined necessary deprivations alleged sufficiently serious state claim cruel unusual punishment today necessity deprivation apparently relevant inquiry beyond wantonness official conduct approach view extends eighth amendment beyond reasonable limits ii today expansion cruel unusual punishment clause beyond bounds history precedent suspect yet another manifestation pervasive view federal constitution must address ills society abusive behavior prison guards deplorable conduct properly evokes outrage contempt mean invariably unconstitutional eighth amendment turned national code prison regulation reject notion infliction concededly minor injuries considered either cruel unusual punishment much less cruel unusual punishment say amounts acceptable conduct rather recognize primary responsibility preventing punishing conduct rests federal constitution laws regulations various petitioner apparently seek redress injuries state law respondents concede available state remedies constitutionally adequate petitioner claim due process clause fourteenth amendment cf davidson cannon hudson palmer parratt taylor agree respondents appropriate appropriately limited federal constitutional inquiry case conclude precedents prisoner seeking establish subjected cruel unusual punishment must always show suffered serious injury affirm judgment fifth circuit footnotes granting petitioner relief eighth amendment claim leaves open issue whether isolated unauthorized acts punishment course critical question future cases type ultimately decide isolated unauthorized acts punishment today decision dead letter anomaly simply highlights artificiality applying eighth amendment prisoner grievances whether caused random misdeeds prison officials official policy believe substantive difference serious deprivation requirement found precedents fifth circuit significant injury requirement moreover distinguishing case conditions cases resurrects distinction repudiated unsupportable principle unworkable practice wilson seiter officials use force prisoner whether every day condition confinement unwise view make existence serious deprivation requirement depend whether particular claim characterized one challenging condition one challenging specific act cf mccarthy bronson onditions confinement include challenges ongoing prison conditions also challenges isolated incidents excessive force part distinction cases challenging ongoing conditions challenging specific acts alleged misconduct often difficult identify according respondents louisiana state courts open prisoners purpose suing prison personnel caused unjustified wrongs example see parker state la cert denied anderson phelps cir mcgee state cir writ denied la neathery state cir shields state corrections cir writ denied la craft state cir writ denied la cert denied lewis listi cir bastida state cir adams state cir julian state cir nedd state la cert denied mack state cir writ denied la walden state cir writ denied la white phelps cir hampton state cir davis state cir betsch state cir writ refused la williams state cir jones state cir writ refused la walker state cir writ denied la raney state cir bay maggio cir brief respondents