Wilson v. Seiter: Less than Meets the Eye
Issue Date
1999Author
Gottlieb, David J.
Publisher
Clark Boardman Callaghan
Type
Book chapter
Version
http://ssrn.com/abstract=2204513
Metadata
Show full item recordAbstract
In 1991 the United States Supreme Court revisited the question of the general standards that are required in eighth amendment conditions-of-confinement litigation. In Wilson v. Seiter, the Court declared that, in an eighth amendment case in which an inmate claims that conditions of confinement constitute cruel and unusual punishment, the inmate must show that prison officials had a culpable state of mind -- deliberate indifference -- as a prerequisite to obtaining relief. In so holding, the Court rejected the arguments of both the petitioner and the United States Justice Department, as amicus curiae, that the objective conditions endured by prisoners, rather than the state of mind of prison officials, ought to determine whether indecent prison conditions constitute cruel and unusual punishment.
Description
Full-text available at SSRN. See link in this record.
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Citation
David J. Gottlieb, Wilson v. Seiter: Less than Meets the Eye, in Prisoners and the Law 19-21 (Ira P. Robbins ed., 1999).
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