Arey v. Warden

In Arey v. Warden, 187 Conn. 324, 445 A.2d 916 (1982), the Court held that, if a writ seeks to vindicate rights under the eighth amendment to the United States Constitution, the petitioner must establish, preferably by objective evidence, that his detention has subjected him to cruel and unusual punishment resulting from the unnecessary and wanton infliction of pain. Id., 328-29. "But conditions that cannot be said to be cruel and unusual under contemporary standards are not unconstitutional. To the extent that such conditions are restrictive and even harsh, they are part of the penalty that criminal offenders pay for their offenses against society." Id., 329.