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Next I look at this issue as being one that would be restricting a prisoner's constitutional right. It had been historical ruled by the court that punishment only was under review of the eighth amendment if it was part of the sentence for the offense they were convicted of. From the case of Hudson v. McMillian we find that the Supreme Court changed this matter. The main decision is that a prisoner does not have to suffer a significant injury from excessive force to be actionable under the eighth amendment. Justice Blackmun even makes a statement during his concurring judgment that has a great interest to us on this issue...
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