Home > Great American Court Cases > Hudson v. McMillian

Legal Citation: 503 U.S. 1 (1992)

Petitioner
Keith J. Hudson

Respondent
Jack McMillian, et al.

Petitioner's Claim
Proof of serious injury is not required to prove a claim under the Eighth Amendment of cruel and unusual punishment.

Chief Lawyer for Petitioner
Alvin J. Bronstein

Chief Lawyer for Respondent
Harry McCall, Jr.

Justices for the Court
Harry A. Blackmun, Anthony M. Kennedy, Sandra Day O'Connor (writing for the Court), William H. Rehnquist, David H. Souter, John Paul Stevens, Byron R. White

Justices Dissenting
Antonin Scalia, Clarence Thomas

Place
Washington, D.C.

Date of Decision
25 February 1992

Decision
A petitioner claiming that excessive force constituted cruel and unusual punishment does not have to suffer a serious injury to prevail in the...