Whitley v. Albers

In Whitley v. Albers, 475 U.S. 312, 106 S.Ct. 1078, 89 L.Ed.2d 251 (1986), the Supreme Court announced the standard to be applied in deciding Eighth Amendment claims by prisoners against prison officials. "To be cruel and unusual punishment, conduct that does not purport to be punishment at all must involve more than ordinary lack of due care for the prisoner's interests or safety." Id. at 319, 106 S.Ct. at 1084. The Court recognized that "an expressed intent to inflict unnecessary pain is not required," and that the "deliberate indifference" standard set forth in Estelle v. Gamble, 429 U.S. 97, 104, 97 S.Ct. 285, 291, 50 L.Ed.2d 251 (1976), applies. Id. The Court repeated its earlier statement in Ingraham v. Wright, 430 U.S. 651, 670, 97 S.Ct. 1401, 1412, 51 L.Ed.2d 711 (1977), quoting Estelle, 429 U.S. at 103, 97 S.Ct. at 290: "After incarceration, only the 'unnecessary and wanton infliction of pain' ... constitutes cruel and unusual punishment forbidden by the Eighth Amendment." Whitley, 475 U.S. at 319, 106 S.Ct. at 1084. In Whitley, although the plaintiff was injured by a prison guard, the Supreme Court did not limit its statement of the standard to cases of that kind.